Important Updates
Important Updates
February 9, 2026 | ChinaChina: Location-Specific Wage Standards May Result in Increased Wage Requirements for Some Employees
February 11, 2026 | United StatesUnited States: February 2026 DOL PERM and PWD Processing Times
February 10, 2026 | Italy, United KingdomCNN: These Americans Are Clinging to Hope for Italian Citizenship
February 10, 2026 | United Kingdom, IndiaUnited Kingdom: India Young Professional Scheme Ballot to Open Soon
February 10, 2026 | United StatesUnited States: Ninth Circuit Stays District Court Order, Again Halting TPS Protection for Honduras, Nepal, and Nicaragua While Appeal Continues
February 9, 2026 | ChinaChina: Location-Specific Wage Standards May Result in Increased Wage Requirements for Some Employees
February 11, 2026 | United StatesUnited States: February 2026 DOL PERM and PWD Processing Times
February 10, 2026 | Italy, United KingdomCNN: These Americans Are Clinging to Hope for Italian Citizenship
February 10, 2026 | United Kingdom, IndiaUnited Kingdom: India Young Professional Scheme Ballot to Open Soon
February 10, 2026 | United StatesUnited States: Ninth Circuit Stays District Court Order, Again Halting TPS Protection for Honduras, Nepal, and Nicaragua While Appeal Continues
February 9, 2026 | ChinaChina: Location-Specific Wage Standards May Result in Increased Wage Requirements for Some Employees
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Ninth Circuit Reinstates Bar on Public Charge for Several States; Government Response Awaited

December 3, 2020

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The U.S. Court of Appeals for the Ninth Circuit has reinstated two lower court preliminary injunctions, barring the Department of Homeland Security from enforcing the public charge rule in almost 20 states.

  • The government could quickly request a stay of the decision or appeal of the decision.

  • U.S. Citizenship and Immigration Services has not yet issued guidance on its implementation of the court order.

  • If implemented, the preliminary injunction would apply to the U.S. States of California and Washington as well as to their co-plaintiffs in the lawsuits: the District of Columbia, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, and Virginia.

The issue

The U.S. Court of Appeals for the Ninth Circuit has reinstated two lower court preliminary injunctions that temporarily bar enforcement of the Department of Homeland Security (DHS) public charge rule in several states and Washington DC. The case is State of Washington et al. v DHS (19-35914).

DHS could quickly request a stay of the decision, which if granted, would permit continued nationwide enforcement of the public charge rule.

U.S. Immigration and Citizenship Services (USCIS) has not provided guidance on the revived preliminary injunctions. Until it does so, submitting applications without public charge documentation where required risks rejection of the immigration benefit application.

Background

The Ninth Circuit ruling results from district court orders in the consolidated cases of City and County of San Francisco; County of Santa Clara v USCIS et al. (19-cv-04717) and State of California et al. v DHS et al. (19-cv-04975) and the separate case State of Washington et al. v DHS et al. (19-cv-05210).

Plaintiffs in the State of California case are California, the District of Columbia, Maine, Pennsylvania and Oregon. Plaintiffs in the State of Washington case are Washington, Virginia, Colorado, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, and Rhode Island.

Preliminary injunctions in these cases were initially issued in late 2019, but were quickly stayed by a divided panel of the Ninth Circuit Court of Appeals while appeals were pending. In staying the injunctions and permitting enforcement of the public charge rule, the Ninth Circuit had found that DHS was likely to prevail on the merits of the case.

The December 2 ruling

After consideration of a more complete record, a split Ninth Circuit panel has now affirmed the lower court temporary injunctions, finding fault with DHS’s assessment of the rule’s financial impact and effect on public health and safety. At the same time, the court removed any nationwide applicability, meaning the injunctions will apply only to the territories of the Plaintiffs. However, there may be further court filings required in order to apply the newly narrowed injunction to all Plaintiff states in the State of Washington case.

Yesterday’s decision follows a string of judicial rulings regarding the public charge rule, which have resulted in a back and forth of USCIS’s authority to enforce the rule.

What this means for employers and foreign nationals

Though the Ninth Circuit ruling temporarily bars the public charge rule in Plaintiff states, the government may appeal the decision and seek a speedy stay or reversal.

In addition, until USCIS has issued instructions on its implementation of the injunctions, adjustment of status applications and nonimmigrant extension and change of status applications submitted without public charge forms and documentation risk rejection by the agency.

What’s next for the DHS public charge regulation

The public charge rule is being challenged in several separate ongoing lawsuits. There could continue to be quick reversals of USCIS authority to implement the rule in various states or nationwide. The cases may reach the U.S. Supreme Court for a final decision on the rule’s legality.

Separately, the State Department remains barred from enforcing its public charge regulation, which is applicable to foreign nationals applying for visas from outside of the United States.

Fragomen is closely monitoring the ongoing DHS public charge litigation and any USCIS guidance on public charge implementation.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Immigration analysis

Applying for Swiss Citizenship: When Timing and Eligibility Matter

Manager Konstantin Schmid provides a practical overview of Swiss citizenship routes, eligibility rules and common reasons applications are delayed or refused. 

Learn more

Media mentions

CNN: These Americans Are Clinging to Hope for Italian Citizenship

Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.

Learn more

Podcast

Space for Everyone: Women in Space - Breaking Barriers, Shaping the Future

Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.

Learn more

Media mentions

Games Industry: Tightening Immigration Rules Will Impact the Games Industry in 2026

Senior Manager William Diaz outlines how immigration changes in the US and UK may affect workforce planning and mobility for the games industry in 2026.

Learn more

Media mentions

Global Mobility Lawyer: Talent Fault Line: How Modern Risks Are Reshaping Global Mobility

Partner Julia Onslow-Cole highlights how global mobility is becoming a strategic, board-level consideration requiring careful planning, compliance and workforce management.

Learn more

Video

Ireland Employment Permit Salaries: Hiring and Renewal Risks for Employers

Director Fatima Aydin outlines Ireland’s roadmap for increasing minimum annual remuneration salary thresholds and the implications for employer workforce planning and compliance.

Learn more

Video

Samba, Stamps, and Seleção, Moving Football Across South America | #FragomenFC - Ep. 14

In this episode of the Fragomen FC, Partner Rick Lamanna, Senior Manager Jake Paul Minster, Manager Gustavo Kanashiro and Manager Sergio Flores discuss how immigration systems across the Americas shape football mobility, compliance and cross-border movement throughout South America.

Learn more

Blog post

§ 45c AufenthG: Neue Informationspflicht für Arbeitgeber bei Anwerbung aus dem Ausland

Senior Associate Ruben Fiedler outlines the new employer information obligation under Section 45c of the German Residence Act, explaining when it applies, what employers must provide to third-country nationals recruited from abroad and the practical steps needed to ensure compliance from 1 January 2026.

Learn more

Podcast

Luxury Unwrapped

Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.

Learn more

Blog post

Migration After Brexit: What the UK Can Learn from the EU’s Talent Strategy

UK Government Affairs Strategy Director Shuyeb Muquit compares the EU’s new Visa Strategy with the UK’s post-Brexit immigration system and assesses what the UK can learn to remain competitive for global talent.

Learn more

Media mentions

Gazeta Prawna: Dodatkowa przeszkoda w delegowaniu pracowników

Partner Karolina Schiffter highlights that new electronic signature rules may delay work permit procedures for foreign workers in Poland.

Learn more

Blog post

US Visitor Visa Rules for the 2026 FIFA World Cup: What Fans Should Know

Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.

Learn more

Immigration analysis

Applying for Swiss Citizenship: When Timing and Eligibility Matter

Manager Konstantin Schmid provides a practical overview of Swiss citizenship routes, eligibility rules and common reasons applications are delayed or refused. 

Learn more

Media mentions

CNN: These Americans Are Clinging to Hope for Italian Citizenship

Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.

Learn more

Podcast

Space for Everyone: Women in Space - Breaking Barriers, Shaping the Future

Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.

Learn more

Media mentions

Games Industry: Tightening Immigration Rules Will Impact the Games Industry in 2026

Senior Manager William Diaz outlines how immigration changes in the US and UK may affect workforce planning and mobility for the games industry in 2026.

Learn more

Media mentions

Global Mobility Lawyer: Talent Fault Line: How Modern Risks Are Reshaping Global Mobility

Partner Julia Onslow-Cole highlights how global mobility is becoming a strategic, board-level consideration requiring careful planning, compliance and workforce management.

Learn more

Video

Ireland Employment Permit Salaries: Hiring and Renewal Risks for Employers

Director Fatima Aydin outlines Ireland’s roadmap for increasing minimum annual remuneration salary thresholds and the implications for employer workforce planning and compliance.

Learn more

Video

Samba, Stamps, and Seleção, Moving Football Across South America | #FragomenFC - Ep. 14

In this episode of the Fragomen FC, Partner Rick Lamanna, Senior Manager Jake Paul Minster, Manager Gustavo Kanashiro and Manager Sergio Flores discuss how immigration systems across the Americas shape football mobility, compliance and cross-border movement throughout South America.

Learn more

Blog post

§ 45c AufenthG: Neue Informationspflicht für Arbeitgeber bei Anwerbung aus dem Ausland

Senior Associate Ruben Fiedler outlines the new employer information obligation under Section 45c of the German Residence Act, explaining when it applies, what employers must provide to third-country nationals recruited from abroad and the practical steps needed to ensure compliance from 1 January 2026.

Learn more

Podcast

Luxury Unwrapped

Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.

Learn more

Blog post

Migration After Brexit: What the UK Can Learn from the EU’s Talent Strategy

UK Government Affairs Strategy Director Shuyeb Muquit compares the EU’s new Visa Strategy with the UK’s post-Brexit immigration system and assesses what the UK can learn to remain competitive for global talent.

Learn more

Media mentions

Gazeta Prawna: Dodatkowa przeszkoda w delegowaniu pracowników

Partner Karolina Schiffter highlights that new electronic signature rules may delay work permit procedures for foreign workers in Poland.

Learn more

Blog post

US Visitor Visa Rules for the 2026 FIFA World Cup: What Fans Should Know

Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.