Legal battle due to the “Public Charge Rule”

In a constant attempt to curb and reduce immigration, both legal and illegal, the Trump administration has implemented multiple policies that affect immigration processes and increase restrictions for foreigners to obtain a permit to enter or reside in the US.

That is the case of the “Public Charge Rule”, an immigration policy that was restructured by the Trump administration. This policy states that immigration applications could be rejected by the US Citizenship and Immigration Services (USCIS) if applicants’ personal information indicates that they could become a burden on the economy or the government.

For instance, if immigrants have used public benefits, such as food stamps or Supplemental Security Income (SSI), for 12 months in a 36-month period, their applications might be rejected. Details such as personal possessions, financial solvency, age and education are also taken into account.

Since there are immigrants who have had to use public benefits because they are going through difficult economic circumstances, dozens of activists and immigrant rights advocates raised their voice against the “Public Charge Rule” and the insistence of the Trump administration to reduce immigration. The legal battle around this rule still continues.

Do you need help with an immigration case? Contact Motion Law and follow the advice of experienced attorneys.

“Public Charge Rule” amid presidential elections

The legal battle over the “Public Charge Rule” has been present during the presidential elections of the US.

In fact, on November 2, 2020, just one day before the election, a federal judge blocked the implementation of this rule, stating that the Trump administration did not properly explain the rule’s guidelines and information is confusing for applicants. Adding to that, the judge stated that the consequences of this rule could be truly devastating for thousands of immigrants.

However, on November 3, 2020, during the presidential election, the Seventh Circuit Court of Appeals overturned the lower court’s verdict and gave the Trump administration the green light to continue with the implementation of the “Public Charge Rule” nationwide.

This is not the first time that this immigration policy goes through legal processes like this one. In fact, a court had suspended this rule during the massive outbreak of Coronavirus in the North American territory to prevent immigrants from refraining to receive medical assistance for fear of deportation or because their applications could receive negative responses from the USCIS. However, the Second Circuit Court of Appeals removed this restriction in September 2020.

Seek reliable help for your immigration case

It is important to understand that local immigration system is quite broad and offers a large number of alternatives available to you and your family. The main recommendation is undoubtedly to have the accompaniment of experts in immigration matters, who will be able to guide you towards the success of your application.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.