Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. Insights
    3. Articles
    4. DHS can begin enforcing public charge ruleArticles

    Article

    DHS can begin enforcing public charge rule

    Jan 28, 2020

    Share

    By Jason Gerrol

    The Supreme Court will allow DHS to enforce its controversial public charge rule in all states except Illinois while litigation continues.

    On August 14, 2019, the Department of Homeland Security (DHS) issued a final rule that significantly changes the standard by which DHS will determine whether a foreign national seeking to change/extend their U.S. immigration status, or apply for lawful permanent residency (i.e., apply for "adjustment of status") is inadmissible as a potential public charge. The rule introduced a much stricter standard that was estimated to significantly increase the number of foreign nationals deemed inadmissible, and therefore ineligible for a U.S. visa or lawful permanent residency. For all foreign nationals, even those not in danger of being found inadmissible as a potential public charge, the rule would have required the disclosure of a copious amount of financial information on various immigration applications.

    The rule was quickly met with several lawsuits, resulting in several orders blocking DHS from enforcing the new rule while litigation proceeds. However, by order dated January 27, 2020, the U.S. Supreme Court lifted the last remaining nationwide injunction, finding in a 5–4 decision "the routine issuance of universal [or nationwide] injunctions [by lower courts] is patently unworkable, sowing chaos for litigants, the government, courts, and all those affected by these conflicting decisions" (Justices Ginsburg, Breyer, Sotomayor, and Kagan disagreed). As a result, DHS can begin enforcing the new public charge rule in all states except Illinois (where a state-wide injunction remains in place) while litigation in the lower courts remains ongoing.

    DHS has indicated they do in fact intend to move forward with enforcing the new public charge rule, but it remains to be seen how they will do so in every state but Illinois. Foreign nationals should be sure to consult with immigration counsel regarding the status of the rule and its impact on their particular immigration process.

    ImmigrationLaw And Policy UpdatesLegislative And Court UpdatesLitigation DevelopmentsNonimmigrant StatusImmigrant Status

    Practices

    Immigration

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL