Judge Gary Feinerman from the U.S. District Court of Northern District Court of Illinois granted summary judgment in favor of the plaintiffs in Cook County, Illinois et. al.v. Wolf et. al., (19-cv-6334) over disputes regarding the interpretation of the Department of Homeland Security (DHS)’s Public Charge Rule 84 Fed. Reg. 41,292. The court ruled that (1) the public charge rule, exceeds the DHS’s authority under the public charge provision of the Immigration and Nationality Act (“INA”), 8 U.S.C. § (a)(4)(A); (2) violates the Administrative Procedures Act and thereby is not in accordance with the law; and (3) is arbitrary and capricious.
This decision made by the court in Cook County, Illinois et. al.v. Wolf et. al. sets aside DHS’s Public Charge Rule nationwide without staying its decision pending appeal. This rule has significant effects on how immigration applications and petitions are submitted.
As of November 2, 2020, DHS may not apply the public charge rule which includes requiring applicants or petitioners to submit Form I-944 and related supporting documentation. Until more information arises should DHS further challenge this ruling, applicants and petitioners need not submit their I-944, Declaration of Self-Sufficiency along with supporting documentation.
