A federal judge has stopped the United States Department of Homeland Security (“DHS”) public charge rule which was recently allowed to proceed after an injunction was lifted by the United States Circuit Court for the Second Circuit.

Judge Gary Feinerman of the U.S. District Court for the Northern District of Illinois vacated the rule after determining that it violated the Administrative Procedures Act which makes federal agencies such as DHS accountable to the public by following a detailed process in enacting regulations.

Judge Feinerman’s ruling is the latest round of litigation that has been ongoing since late 2019 shortly after DHS announced that the agency would be defining public charge for immigration purposes.  The rule requires completion of a special form and exhaustive documentation of an immigrant visa applicant’s assets, debt, receipt of public benefits and other information.  The rule has been involved in a consistent battle between immigrant advocacy groups and the Trump Administration.

For more information the latest public charge ruling and how it may affect immigrant and nonimmigrant visa applicants in Asia, contact us today at info@enterlinepartners.com and speak with a U.S. immigration lawyer in Ho Chi Minh City, Manila and Taipei.

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Copyright 2020. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.