Second Circuit Enjoins New Public Charge Rule for NY, CT, and VT

On August 4, 2020, the United States Court of Appeals for the Second Circuit affirmed two district court decisions blocking implementation of the new public charge rule [see blog]. The injunctions, which were originally nationwide in scope, had been stayed by the Supreme Court of the United States a few months ago [see blog]. In affirming the injunctions, the Second Circuit limited their scope to only the three states under the court's jurisdiction — New York, Connecticut, and Vermont.

For the time being, the United States Citizenship and Immigration Services (USCIS) will apply the former 1999 public charge rule [see article] to New York, Connecticut, and Vermont [PDF version]. The Government will likely seek to stay the Second Circuit injunction in the meantime, pending full adjudication of the issues. We will update the website with more information as it becomes available.

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