Supreme Court Allows Trump Administration to Enforce Public Charge Rule

Published on 1/27/2020

In a 5-4 decision today, the Supreme Court stayed the current nationwide injunction of the Administration’s “public charge” rule. The public charge rule allows officials to deny permanent resident status, also known as a “green card,” to immigrants who are likely to need public assistance. The Administration revised the rule to include “noncash benefits” such as Medicaid, federal housing, and supplemental nutrition that would be used in any 12 months in a 36-month period. The rule will now take effect nationwide with the exception of Illinois, where the rule remains enjoined.

Factors for determination regarding whether an applicant is likely to be a “public charge” include the applicant’s age, health, family status, assets, resources, financial status, education, and skills. The new rule includes a formulaic calculation to determine public charge likeliness through aggregating monetized benefits, and will impose additional fees for applicants likely to become a public charge to prove he or she is not likely to become a public charge through submitting Form I-944. The rule imposed additional regulatory standards for demonstrating financial ability for adjustment of status petitions. Additionally, it also requires most nonimmigrants (i.e., temporary visa holders, such as H-1B holders) to demonstrate that the foreign national will not likely to become a public charge through the duration of the requested nonimmigrant status.

Amy Royalty can be reached at [email protected].
Marsha Mavunkel can be reached at [email protected].
Cody Nunn can be reached at [email protected].
Janet Cheetham can be reached at [email protected].
Joel Paget can be reached at [email protected].
Jen Chen can be reached at [email protected].