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7th Circ. denies Texas’ bid to revive public charge rule

Seventh Circuit denied an attempt by 14 states led by Texas to revive the Trump administration’s public charge policy, which penalizes immigrants for using certain public benefits, after the Biden administration decided not to defend it. The appellate court did not provide a reason for its decision, which followed an announcement from DHS that it would no longer support the rule in courts around the country. The policy had faced lawsuits and been temporarily barred by multiple courts while it was being litigated. The Ninth Circuit has yet to rule on the Arizona-led coalition’s motion to intervene on the same issue. Arizona has said in court filings that it plans to bring the policy to the Supreme Court.

https://cbocalbos.wordpress.com/tag/lawsuit-against-new-public-charge-rule/

https://cbocalbos.wordpress.com/tag/another-case-on-yet-the-public-charge-rule/

https://californiaimmigration.us/end-to-trump-administrations-public-charge-wealth-test/

https://cbocalbos.wordpress.com/tag/new-public-charge-rule/

DOS Provides Update on Public Charge

that it has updated its guidance to consular officers on how to proceed while DOS’s October 2019 interim final rule and January 2018 FAM guidance are enjoined. Under this guidance, consular officials will apply the public charge standard that had been in effect prior to these changes when adjudicating applications.

https://cbocalbos.wordpress.com/tag/lawsuit-against-new-public-charge-rule/

https://cbocalbos.wordpress.com/tag/new-public-charge-rule/

https://cbocalbos.wordpress.com/tag/another-case-on-yet-the-public-charge-rule/https://californiaimmigration.us/dhs-officially-issues-statement-on-2019-public-charge-rule/

SCIS Publishes Final Rule Restoring Previous Public Charge Regulations

USCIS published a final rule, effective March 9, 2021, removing from the Code of Federal Regulations the regulatory text that DHS promulgated in the August 2019 public charge rule and restoring the regulatory text to appear as it did prior to the issuance of the August 2019 rule.

https://cbocalbos.wordpress.com/tag/lawsuit-against-new-public-charge-rule/

https://cbocalbos.wordpress.com/tag/new-public-charge-rule/

https://californiaimmigration.us/dhs-officially-issues-statement-on-2019-public-charge-rule/

https://cbocalbos.wordpress.com/tag/another-case-on-yet-the-public-charge-rule/

Supreme Court agrees to hear challenge to Trump admin’s public charge rule.

he Supreme Court agreed to take up a case brought by various groups and state officials challenging a Trump-era rule that makes it more difficult for immigrants to obtain legal status if they use public benefits, like Medicaid, food stamps, and housing vouchers. The case challenges the public charge rule which was issued in August 2019 and is still in effect across most states. Advocates and several states that oppose the rule say the changes would penalize immigrants who rely on temporary assistance from the government and impose costs on the states.

tps://brian-d-lerner-blog.com/tag/board-immigration-appeals/

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

https://californiaimmigration.us/losing-at-the-immigration-court-is-not-the-end-get-a-long-beach-deportation-lawyer-to-appeal-to-the-board-of-immigration-appeals/

https://cbocalbos.wordpress.com/tag/immigration-appeals/

Ninth Circuit Court of Appeals Upholds Limited Preliminary Injunctions of the DHS Public Charge Rule

On January 21, the Ninth Circuit granted the government’s motion to stay the issuance of the mandate pending resolution of a petition for writ of certiorari and resolution of the petitions for writ of certiorari in Wolf v. Cook County (Seventh Circuit) and DHS v. New York (Second Circuit).

https://cbocalbos.wordpress.com/tag/lawsuit-against-new

https://cbocalbos.wordpress.com/tag/new-public-charge-rule/

https://californiaimmigration.us/family-petitions-to-immigrate-family-members/the-humanitarian-reinstatement/

https://cbocalbos.wordpress.com/tag/another-case-on-yet-

An appeals court blocked the Trump administration’s expanded public charge rule in 3 states

On Tuesday, the 2nd Circuit affirmed a lower court decision blocking the implementation of the expanded public charge rule. This version of the rule expanded the types of public assistance that could be considered negatively against a prospective immigrant. The injunction applies to three states: New York, Connecticut, and Vermont. This decision was unrelated to the current pandemic; a separate nationwide injunction, tied to current economic conditions, is also currently in place.

LPR Applicants, Their Sponsors, and Immigrant and Civil Rights Groups Sue over Law Violations in Implementation of Trump Administration’s Public Charge “Wealth Test”

A group of applicants for lawful permanent residence, their sponsors, nonprofit immigration legal service providers, and immigrant and civil rights groups sued the Trump administration for violating the law in its implementation of the new public charge regulation, alleging that the USCIS guidance for implementing the regulation goes further than the regulation itself to exclude individuals who merit admission to the United States. The complaint was filed by lawyers from AILA, the National Immigration Law Center (NILC), Jenner & Block LLP, and Morgan Lewis & Bockius LLP. AILA Director of Federal Litigation Jesse Bless said, “The administration took a discriminatory and terrible regulation … and made it even worse through the [USICS Policy Manual] and overreach for information included in the new Form I-944.”

Confusion of the new public charge rule has had a chilling effect on immigrants

Attorneys for Cabrini Immigration Services reported a lot of confusion about the soon-to-be-enacted public charge rule. Many are unclear on who is affected by the rule, think it applies retroactively, and are also unsure what social services are trigger the rule. This confusion has led some immigrants and prospective immigrants to avoid public assistance or medical care. The rule goes into effect on February 24.

Arresting immigrants

Attack on immigrants

Central America immigrants

Removal

Another injunction against the expanded public charge rule has been lifted, but one is still in place.

The 4th Circuit lifted a lower court injunction against Trump’s expanded public charge rule on Monday. The rule expands what is considered a “public charge” for immigration purposes, encompassing a wide range of public benefits, like Medicaid and public housing vouchers, that were not considered before. The 9th Circuit similarly lifted an injunction, but a nationwide injunction out of New York remains in place, still blocking the policy from going into effect. 

Another win for Law Offices of Brian Lerner on Naturalization

Naturalization application approved at interview with several public charge issues