Federal District Court Judge Blocks Public Charge Rules for Immigrants

August 11, 2020

A federal judge for the U.S. District Court for the Southern District of New York recently issued two nationwide injunctions temporarily blocking the Trump administration’s “public charge” rules. The measures, which are now on hold, had broadened the grounds under which immigrants could be considered public charges.

The order bars the implementation, application, and enforcement of the rule nationwide so long as there is a declared national emergency related to the COVID-19 pandemic.

A federal judge for the U.S. District Court for the Southern District of New York recently issued two nationwide injunctions temporarily blocking the Trump administration’s “public charge” rules. The measures, which are now on hold, had broadened the grounds under which immigrants could be considered public charges.

The order bars the implementation, application, and enforcement of the rule nationwide so long as there is a declared national emergency related to the COVID-19 pandemic.

Last year, the Department of Homeland Security (DHS) published its final public charge rule. Under the DHS’s revised definition, any non-U.S. citizen or legal resident who receives government assistance including public housing, Housing Choice Vouchers, and Section 8 Project-Based Rental Assistance for 12 months or more over a three-year period can be considered a public charge and therefore can be denied a green card or visa.

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