Trump Administration’s Public Charge Rule Blocked By District Court

The public charge rule implemented by the Trump Administration was set to go in place on Tuesday, October 15th, 2019. But on October 11th, 2019, the rule was blocked with a nationwide injunction by the U.S. District Court for the Southern District of New York.

The public charge rule allowed immigration officials to deny green cards to immigrants who rely on public assistance, such as Medicaid, food stamps, and housing vouchers.

When an immigrant applies for a green card, they already have to prove that they aren’t “public charge.” This means they have to show they aren’t a burden to the state. However, the new rules covered a broader range of programs that would have disqualified green card applicants. When USCIS reviews petitions, they would’ve had to consider if the applicant receives public assistance, as well as other factors like education, household income, and overall health to determine eligibility for legal status.

This rule specifically targeted low-income families and put current visa holders in a tough spot. Many low-income immigrants already living in the country would have forgone the public assistance they desperately need for fear it would adversely impact their status.

This injunction suspends the use of the new Form I-129, Petition for a Nonimmigrant Worker and Form I-485, Application to Register Permanent Residence or Adjust Status.

At Davis & Associates, we are here to help immigrants throughout the state of Texas with their green card applications. Give us a call at (214) 612-6395 to schedule your free case consultation.