From Protecting Immigrant Families (https://protectingimmigrantfamilies.org/):
FEBRUARY 3, 2020 — The U.S. Supreme Court has issued an order (PDF) that allows the U.S. Department of Homeland Security’s (DHS’s) public charge regulations to take effect, except in Illinois, where they remain blocked by a court order. U.S. Citizenship and Immigration Services has announced that applications and petitions filed (or submitted electronically) on or after February 24, 2020, will be adjudicated under the new regulations. The regulations add certain noncash health, nutrition, and housing benefits to the public charge assessment. Receipt before Feb. 24 of these newly added benefits will not be considered in DHS’s public charge decisions.
The Supreme Court’s decision is limited to a determination that a nationwide preliminary injunction issued by a U.S. district court in New York should be “stayed” while the litigation challenging the regulations proceeds in lower courts. (That preliminary injunction temporarily prevented DHS from implementing the new regulations.) The Court’s opinion did not address the merits of the underlying case.
As the legal fight continues, it is important for families (PDF) and service providers to educate themselves about the DHS public charge regulations, including the many immigrants who are not subject to these new rules or whose use of benefits will not be considered. We will be updating this website in the coming days. For the latest information, visit ProtectingImmigrantFamilies.org.
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