District Court Issues Nationwide Injunction on Both DOS and DHS Public Charge Regulations Due to COVID-19

The U.S. District Court for the Southern District of New York issued an order granting the motion for a preliminary injunction and temporary stay of the USCIS final rule on inadmissibility on public charge grounds, enjoining the government from enforcing, applying, implementing, or treating as effective the rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. The court also issued a separate order granting the motion for a preliminary injunction enjoining the application or implementation of the 2018 FAM revisions on public charge, the DOS rule on visa ineligibility on public charge grounds, and the presidential proclamation on health insurance coverage until further order of the court.