(Update as of 01/09/2020) -- The 2nd Circuit Court in New York maintains nationwide preliminary injunction is still in place, and DHS’s public charge rule is still blocked from taking effect.
(Update as of 10/11/2019) -- Federal courts across the country, in New York, California and Washington, have issued injunctions, postponing implementation of the DHS public charge rule nationwide.
(Update as of 08/14/2019) -- DHS's final rule has been published to the Federal Register. If litigation does not prevent the rule from taking effect, the policy will become effective in 60 days on October 15, 2019. Stay tuned for more information.
The new rule will force many immigrants and their families to fear they must choose between accessing essential public services and keeping their families together. Protecting Immigrant Families Michigan is a collaborative campaign of the Michigan Immigrant Rights Center, the African Bureau for Immigration and Social Affairs, ACCESS, the Michigan League for Public Policy, and the Detroit Hispanic Development Corporation.
What We Know
Based on analysis of the the proposed rule, it's unlikely that there is any reason for most mixed-immigration status families in the U.S. to close benefits cases. The main impact of the rule will be to change the income and asset rules for family based immigrants and make it more difficult/impossible for them to immigrate to the U.S. or legalize their status in the future. But, individualized analysis is still needed. A more detailed summary of the finalized rule is available from CLINIC.
The National Immigration Law Center has already announced their intent to file legal challenge to this public charge regulation, and other partners are expected to announce legal strategies to delay or stop the rule from taking effect. Representative Judy Chu (D-CA 27th District) is leading a legislative strategy to defund the public charge rule change, and other advocates are encouraging community support to pressure their representatives to join her. Take action and sign here today!
We recently released a community-facing educational video that you can watch here. As we digest the 837 page rule along with our national network of partners, we promise to bring you more updates.
- Some immigrants are exempt from a public charge determination, including refugees, asylees, U-visa or T-visa recipients, VAWA, Special Immigrant Juveniles (SIJS) and some others.
- If you already have a green card, the new rule would only affect you if you leave the U.S. for more than 6 months, or are otherwise seeking readmission into the U.S. The new rule would not apply when renewing your green card or applying to become a U.S. Citizen.
- Individuals outside of the U.S., applying for admission, or who plan to leave the U.S. to get their green card through a U.S. consulate abroad, may already be subject to a stricter public charge evaluation. Consult with an immigration attorney before leaving the United States.