
At a Glance
- A New York federal district court has temporarily barred implementation of the Department of Homeland Security and State Department public charge rules in separate lawsuits challenging those regulations.
- The agencies are likely to appeal the decisions to a higher court.
The issue
Today, Judge George B. Daniels of the U.S. District Court for the Southern District of New York issued nationwide preliminary injunctions in two separate cases that suspend Department of Homeland Security (DHS) and Department of State implementation of their public charge rules.
The rules being challenged have significantly increased the burden on foreign nationals to establish that they will not become a “public charge” of the U.S. government. Pausing the new rules means a return to public charge guidance in place before their effective date of February 24, 2020.
DHS public charge rule
In the case NY et al. v. DHS, the court ordered suspension of the DHS public charge rule during the COVID-19 public health emergency. Earlier this year, the U.S. Supreme Court lifted several nationwide injunctions barring implementation of the DHS rule. In April 2020, the plaintiffs sought a renewed injunction against the rule from the Supreme Court due to the changed circumstances of the COVID emergency. The Court denied the request, but noted the ruling did not preclude the plaintiffs from seeking relief at the district court level. Today’s ruling is the result of that district court request.
Today’s injunction prevents DHS from requiring applicants and petitioners to comply with the public charge regulation when filing Form I-485 applications for adjustment of status, Form I-129 nonimmigrant worker petitions, and Form I-539 applications to change or extend status.
State Department public charge rule
In a separate case, Make the Road et al v. DOS, Judge Daniels also enjoined the State Department's public charge rule, along with its 2018 public charge guidelines to consular officers, holding that they likely violate the Administrative Procedures Act.
The public charge rule was still in a "transitional" phase at the State Department, but the injunction would have a practical impact on mostly immigrant visa and some nonimmigrant visa applications at U.S. consulates.
In Make the Road, the court also enjoined the Trump Administration's October 2019 health insurance proclamation which had already been enjoined separately by the Ninth Circuit.
What’s next
DHS and the State Department are likely to appeal these court orders, but also should issue guidance in the meantime regarding the filing of impacted immigration applications.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Media mentions
Video
Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.
Video
Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.
Media mentions
Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.
Media mentions
Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.
Work authorization
Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.
Work authorization
Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.
Media mentions
Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.
Media mentions
Video
Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.
Video
Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.
Media mentions
Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.
Media mentions
Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.
Work authorization
Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.
Work authorization
Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.
Media mentions
Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.
