Today a federal district court in Illinois vacated the Department of Homeland Security (DHS) public charge regulation on the basis that the rule violates the Administrative Procedures Act (APA). The court order takes effect nationwide immediately, and prevents U.S. Citizenship and Immigration Services (USCIS) from enforcing the public charge rule starting today. The case is Cook County et al. v Wolf et al. in the U.S. District Court for the Northern District of Illinois.
USCIS is expected to acknowledge the decision and issue guidance on its impact to applicants for adjustment of status and nonimmigrant changes and extensions of status, but has not yet done so. Until the agency issues guidance, applications submitted without public charge documentation could be erroneously rejected by the agency.