Appeals Court Refuses to Lift Injunction on Public Charge Rule

Jan 21, 2020 | Immigration | 0 comments

A panel of federal judges has denied a request to lift the injunction on the implementation of the public charge rule while the a lawsuit over the rule plays out in court. Under the new rule, announced in August, an immigrant would be considered a public charge — essentially dependent on government aid and, therefore, inadmissible — if he or she received at least one public benefit for more than 12 months within any three-year period, among other things. The new rule also authorizes DHS to conduct a more thorough and burdensome examination of the immigrant and his or her sponsor’s financial history, health, and education. The net result of the rule, if implemented, would be to increase the burden on most immigrants and increase the number of application denials on public charge grounds.

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