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1 1 (January 29, 2020)

handle is hein.crs/govcagc0001 and id is 1 raw text is: Researh Sevice Immigration: DHS Final Rule on Public Charge January 29, 2020 On January 27, 2020, the Supreme Court of the United States (SCOTUS) lifted two nationwide preliminary injunctions that blocked the implementation of the public charge final rule. The Department of Homeland Security (DHS) published this rule on August 14, 2019, and it was set to take effect on October 15, 2019. Multiple lawsuits and preliminary injunctions had halted the rule; the SCOTUS' ruling now permits its implementation while litigation on the merits continues. U.S. Citizenship and Immigration Services announced that it will begin enforcing the new regulations on February 24, 2020, except in Illinois (where a statewide preliminary injunction is still in effect). Background Immigration law in the United States has long contained exclusion and removal provisions designed to limit government spending on indigent non-U.S. nationals (aliens). Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an alien may be denied admission into the United States or adjustment to lawful permanent resident (LPR) status if he or she is likely at any time to become a public charge. An admitted alien may also be subject to removal from the United States based on a separate public charge ground of deportability, but this is rarely employed. DHS and the Department of State (DOS) have primary responsibility for implementing the INA's public charge provisions. DHS' public charge rule applies to aliens seeking admissions or adjustment of status to LPR. This rule also applies to those seeking to extend or change their nonimmigrant status, but is not applicable to aliens who are applying for citizenship. Moreover, certain categories of aliens, such as refugees and asylees, are exempted from the public charge grounds of inadmissibility. Aliens abroad applying for U.S. visas are adjudicated by DOS officers who make determinations based on guidance in the Foreign Affairs Manual. On October 11, 2019, DOS published an interim final rule on public charge that largely aligns with DHS's rule, but it has yet to be implemented. Public Charge Definition Although the INA does not explicitly define the term public charge, since 1999 agency guidance has defined it to mean a person who is or is likely to become primarily dependent on ... public cash Congressional Research Service https://crsreports.congress.gov IN11217 CRS }NStGHT Prepaed for Membeivs and Cornm ittees o4 Cor~qress ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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