On Wednesday July 29, 2020, a federal judge in New York ordered the Department of Homeland Security (DHS) and the Department of State (DOS) temporarily suspend the application of the updated public charge rules which took effect in February 2020. You can read the complete DHS order here and the DOS order here. You can read more about the public charge rules here.

The injunctions are applicable nationwide during any month there is a declared national health emergency due to COVID-19. The DHS and the DOS have yet to provide details as to how they will comply with the orders and it is likely they will appeal the orders, so stay tuned for additional information.

In a separate order, the same judge ordered the DOS cannot implement or enforce a rule requiring immigrants have approved health insurance within 30 days of their entry to the United States to avoid being found to be a “public charge.” This is in effect indefinitely.