On Tuesday March 9, 2021, Department of Homeland Security (DHS) Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule. Section 4 of President Biden’s Executive Order 14,012, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” called for DHS to immediately review its implementation of the public charge ground of inadmissibility. As part of this review, DHS has determined that it will no longer continue to defend the 2019 public charge rule, as doing so is neither in the public interest nor an efficient use of limited government resources.

DHS Secretary Mayorkas explained that, “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them. Consistent with the President’s vision, [DHS] will continue to implement reforms that improve our legal immigration system.”

Additionally, the Department of Justice (DOJ) has announced it will no longer pursue appellate review of judicial decisions invalidating or enjoining enforcement of the 2019 public charge rule. Therefore, yesterday, March 9, 2021, the DOJ dismissed its pending appeals in the Supreme Court and Seventh Circuit, and is in the process of doing so in the Fourth Circuit. The final judgment from the Northern District of Illinois went into effect following the Seventh Circuit dismissal yesterday afternoon, thus vacating the 2019 public charge rule.

Subsequently, DHS announced that it will now revert to the 1999 interim field guidance on the public charge inadmissibility provision. This guidance was the policy in place before the 2019 public charge rule. Under the 1999 guidance, DHS will not consider a person’s receipt of Medicaid (except for Medicaid for long-term institutionalization), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.

DHS will continue to review agency actions on public charge inadmissibility and deportability and to consult with the Departments of Justice and State and federal benefits-granting agencies. DHS and USCIS will provide additional updates regarding the implementation of the public charge ground rule of inadmissibility, as the review continues. We are expecting USCIS to issue guidance on the implementation of Form I-944 soon.

Serotte Reich will continue to provide updates, as the status of Form I-944 and its implementation continue to shift frequently. If you need assistance or advisement regarding an immigration matter that will be affected by these new announcements, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.