Appeals Court Limits Temporary Public Charge Injunction to Vermont, Connecticut, New York

On Wednesday, August 12th, the U.S. Court of Appeals for the Second Circuit limited the scope of a recent nationwide injunction that temporarily blocked the enforcement of the USCIS’ public charge final rule for the duration of the COVID-19 national emergency. As previously reported, this injunction temporarily relieved green card applicants from the requirement to disclose receipt of any public assistance and provide documentation of federal income tax returns, credit reports, proof of assets and liabilities, among other financial documentation, on Form I-944. The recent Court of Appeals’ order issued on August 12th now limits the nationwide injunction on the public charge rule for adjustment of status applicants residing in the states of Vermont, Connecticut, and New York, meaning that the public charge requirement can continue to be enforced in all other states. It is unclear how the USCIS will treat the limited injunction as the agency has yet to issue any guidance.