A judge has narrowed a recent public charge decision by indicating it will only apply to states within the Second Circuit, which includes Connecticut, New York, and Vermont.
A federal district court previously blocked implementation, application, and enforcement of the Department of Homeland Security (DHS) public charge rule nationwide for the duration of the public health emergency. However, this new decision limits the ruling to only three states.
This Second Circuit decision indicates the public charge regulations may be applied to states other than New York, Connecticut, and Vermont. While the appellate court has limited the public charge injunction during the public health emergency, other litigation on the merits of the public charge regulations are ongoing.
The nationwide injunction on the Department of State’s public charge rule is still in effect nationwide.
Contact Senior Director of Policy Erin O’Malley at firstname.lastname@example.org or 202.585.0127 with questions.