Public Charge Rule in Courts ahead of Imminent Implementation

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Public Charge Rule in Courts ahead of Imminent Implementation

Several immigration advocates have asked a federal judge to put a hold on Trump administration plans to implement its new public charge rule.  The new rules, which would make it harder for legal immigrants to receive green cards, are set to take effect on October 15.  The court case, City and County of San Francisco et al v. U.S. Citizenship and Immigration Services et al, was heard in Oakland on Wednesday.

** Update **

The new public charge rule was blocked from taking effect on October 15th by judges in California and New York.  The rulings were announced on Friday, October 11th.

The threat of the rule change has led to many members of the immigrant community dropping public benefits that they are entitled to.  Under current public charge guidelines, only immigrants utilizing cash welfare benefits are considered public charges.  Under the new rules, immigrants that receive food assistance benefits, Medicaid coverage, or housing assistance would be considered public charges.  Being labeled a public charge can dramatically reduce the chances of receiving a green card.  The new rule would also penalize immigrants that might become a public charge based off several other criteria.

A ruling in this case is expected next week, before the new rule would take effect.  Several other court cases on the public charge rule are set to take place soon.  We will update this post when a ruling has been issued.

The Law Offices of Scott Warmuth monitors all possible changes to immigration law so we can better serve our clients.  For a free immigration consultation, please contact us at 888-517-9888.

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