The Public Charge Rule is finally dead, as the Department of Homeland Security (DHS) has announced that it will no longer pursue appellate review of judicial decisions invalidating or enjoining enforcement of the 2019 Public Charge Final Rule.  Consistent with Executive Order 14012 directing a comprehensive review of the rule, DHS determined that continuing to defend the rule is, “neither in the public interest nor an efficient use of limited government resources.”

DHS has announced that once the public charge rule is permanently vacated, it will be following the 1999 interim field guidance on the public charge inadmissibility provision, at which time the Form I-944 will no longer be required.

We will be updating our blog with the latest developments as we learn of them.