Public Charge Rule

U.S. Supreme Court stayed a nationwide injunction that prevented DHS from enforcing its regulatory interpretation of section 212(a)(4) of the Immigration and Nationality Act:

The high court granted DHS’s motion for a stay of the preliminary injunction issued by a single judge in the U.S. District Court for the Southern District of New York, and recently upheld by the U.S. Court of Appeals for the Second Circuit.

The final rule, issued in August 2019, prescribes how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act.

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