Public charge

In Department of Homeland Security v. New York the U.S. Supreme Court will decide whether the Trump administration’s “public charge” definition violates the Immigration and Nationality Act (INA) or is arbitrary and capricious under the Administrative Procedures Act (APA).

One of the factors relevant to whether a non-citizen may become a lawful permanent resident is whether he or she is likely to become a “public...

A federal district court has ruled that as long as there is a declared national health emergency related to COVID-19, the public charge rule may not go into effect.

Immigrants who are deemed a “public charge” are ineligible to receive green cards/lawful permanent resident status. The most recent definition of public charge, adopted in 1999, included immigrants who demonstrated a need for “institutionalization for...

The Supreme Court refused to lift its stay of federal court orders that prevented the Trump administration from making changes to the definition of public charge. 

Immigrants who are deemed a “public charge” are ineligible to receive green cards/lawful permanent resident status. The most recent definition of public charge, adopted in 1999, included immigrants who demonstrated a need for “institutionalization for long-term care at government expense” or “receipt of public cash assistance for income maintenance.”

In...

The Supreme Court has stayed a nationwide injunction which disallowed the public charge rule from going into effect anywhere in the United States. For now, the public charge rule will remain in effect across the country (except in Illinois) until the Second Circuit, and the Supreme Court, if it decides to get involved, rules in this case.

Since 1882, when Congress enacted the first comprehensive immigration statute, it prohibited the admission to the...