Public Charge Rule Survives (For Now)

On November 3, 2020, the U.S. Court of Appeals for the Seventh Circuit temporarily stayed an order that the U.S. District Court for the Northern District of Illinois issued in Cook County, Illinois, et al. v. Wolf et al., No. 19-cv-6334 (November 2, 2020). The district court’s order had vacated the U.S. Department of Homeland Security’s (DHS) Inadmissibility on Public Charge Grounds final rule (often referred to as the “public charge rule”) on a nationwide basis.

DHS recently resumed implementing the public charge rule following a decision by the U.S. Court of Appeals for the Second Circuit, which lifted a temporary injunction blocking the rule’s implementation. The November 2, 2020, order of the district court effectively set aside the public charge rule in its entirety and barred DHS from applying it going forward.

The latest decision from the Seventh Circuit grants an administrative stay, pending appeal, of the district court’s order vacating the public charge rule, and it permits DHS to continue applying the public charge rule pending further order from the court. The appellees have until November 17, 2020, to file a response.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the Immigration blog as additional information becomes available.