New York District Court Blocks Implementation of Public Charge Rule

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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On October 11, 2019, the U.S. District Court in the Southern District of New York ordered a preliminary injunction blocking the implementation, by the U.S. Department of Homeland Security (DHS), of President Donald Trump’s revised public charge rule. The court’s order also enjoins DHS from implementing a series of new and updated immigration forms introduced in furtherance of the rule, which was scheduled to go into effect on October 15, 2019.

President Trump’s public charge rule would have required the government to take an expansive look into the background and financial status of certain foreign nationals to determine their likelihood of becoming a public charge.

The injunction has no effect on a similar public charge rule proposed by the U.S. Department of State that is scheduled to take effect, on an interim basis, on October 15, 2019.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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