On Monday, January 27, 2020, the United States Supreme Court has granted the government’s request to implement the pubic charge rule while various legal challenges to the rule remain public.
The public charge rule was set to go into effect in early October. However, days prior to the effectiveness, a federal judge in New York issued a nationwide injunction preventing the implementation of the rule while the lawsuit challenging the rule was pending (https://rnlawgroup.com/h-1b/734-judge-blocks-trump-s-public-charge-policy). With the ruling by the Supreme Court, the public charge rule can be now be implemented while the legal challenges to the rule and to the initial injunction remain pending. The 2nd U.S. Circuit Court of Appeals is considering the government’s challenge on the original injunction ruling on an expedited basis.
The bottom line is that while the challenges to the issuance of the original injunction AND the public charge rule itself remain pending, the public charge rule is allowed to be implemented by the government.
By: Steven Brown
Steven Brown is an attorney in the firm’s H-1B Department and represents our business clients throughout the entire H-1B, H-4, and H-4 EAD process. Additionally, Steven works with clients with Department of Labor Compliance included assistance with wage and hours investigations. Steven prides himself in being able to provide his clients with creative solutions to complex immigration problems.