Public Charge Remains in Place After Seventh Circuit Stays Lower Court Decision

The Seventh Circuit Court of Appeals has put the Department of Homeland Security (DHS) public charge rule back in effect by placing an administrative stay on a November 2 lower court ruling blocking the rule. The case is Cook County et al. v Wolf et al.

On November 2, a federal district court in Illinois vacated the public charge regulation nationwide on the basis that the rule violates the Administrative Procedures Act (APA). DHS appealed the decision quickly and requested the lower court decision be halted while the appeal moves forward. The appeals court granted this request and therefore, U.S. Citizenship and Immigration Services (USCIS) may implement the public charge rule until another order of the Seventh Circuit or another court states otherwise.

Until further notice, adjustment of status applications and nonimmigrant extension and change of status applications must continue to be submitted with public charge forms and documentation.