Supreme Court Allows Public Charge Rule to Be Enforced While Legal Challenges Continue

The U.S. Supreme Court has lifted the last nationwide injunction barring implementation of the Department of Homeland Security (DHS) public charge rule. The rule can now be enforced temporarily in all states except for Illinois while lawsuits challenging the legality of the rule itself continue in lower courts. 

In the coming days, DHS is expected to re-post the forms necessary to implement the public charge rule. Once it does so, adjustment of status applicants will be required to provide additional information and documentation in support of their applications. Nonimmigrants seeking to change or extend their status in the United States will be asked additional questions to determine whether they are subject to a new “public benefit condition” on eligibility.

Separately, a temporary nationwide injunction is in place preventing implementation of a presidential proclamation that would require immigrant visa applicants to demonstrate that they would have health insurance within 30 days of entry to the United States or sufficient funds to cover reasonably foreseeable expenses. That injunction remains in place while the lawsuit challenging the presidential proclamation continues. As such, visa applicants are not subject to the proclamation.