On July 29, A federal judge blocked the Trump administration from implementing its controversial “public charge” rule during the coronavirus pandemic.
Judge George Daniels of the U.S. District Court for the Southern District of New York issued two orders, one stopping the administration from enforcing the requirements, saying the national health emergency from the coronavirus pandemic provides grounds for granting the preliminary injunctions. The other order barred the State Department from applying parallel public charge rules to applicants for visas at U.S. embassies and consulates containing no reference to the pandemic and is the first time the State Department policy has been fully addressed. Because of the ruling, immigrants seeking to go through consular processing will not be subject to the public charge test utilized by the State Department.
Joanna E. Cuevas-Ingram, a staff attorney at the National Immigration Law Center, recognized that immigrants have been on the front lines of the pandemic since its start. In a statement, she said:
“By implementing these regulations, the Trump administration has shown flagrant disregard for both the rule of law and community health in the middle of a pandemic. The Court’s decision recognizes that every member of our communities, including immigrants, must be able to access the tools they need to keep themselves healthy and safe. This is a great victory and we will not rest until these hateful, unlawful, and discriminatory regulations are gone for good.”
Immigrants intending to file petitions related to the public charge rule are encouraged to seek the assistance of an attorney during this time.
