Last year, after the administration proposed a new rule regarding public charge inadmissibility, courts enjoined its implementation and the U.S. Supreme Court took on the matter. On January 27th, the Supreme Court lifted the nationwide injunction that banned the administration from implementing the new public charge rule. The public charge rule will now go into effect on February 24, 2020.
As disappointing as that might be, there is some reprieve. The Supreme Court did not make any formal decision on the constitutionality of the public charge rule itself. The lower courts now will have to decide whether the administration could have issued such a rule in the first place. This means the rule is still subject to litigation and eventual invalidation. For now, we prepare for the new rule and its many implications for our clients.
For starters, USCIS announced it will post updated forms, instructions, and guidance during the week of February 3, 2020. We hope USCIS will allow sufficient notice to incorporate the new forms and filing procedures. We will do everything possible to file cases that are already prepared or near ready to file before the new forms go into effect. We at Rose Immigration Law Firm are keeping a close eye on further developments, which we know are forthcoming.