Immigration Law

Recent Posts

DOS Reopens Public Charge IFR Comment Period
Posted on 16 Nov 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 11/17/2021 "On October 11, 2019, the Department of State (“the Department”) published an interim final rule (“IFR”) regarding visa ineligibility on public... Read More

Supreme Court to Hear "Public Charge" Case: Arizona v. San Francisco
Posted on 30 Oct 2021 by Daniel M. Kowalski

Supreme Court, Oct. 29, 2021 "20-1775 ARIZONA V. SAN FRANCISCO, CA DECISION BELOW: 944 F.3d 773 Limited to Question 1 presented by the petition CERT. GRANTED 10/29/2021 QUESTION PRESENTED: Under the Immigration and Nationality Act, 8... Read More

Public Charge ANPRM
Posted on 20 Aug 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 08/23/2021. "Under provisions of the Immigration and Nationality Act, the Department of Homeland Security (DHS) administers the public charge ground of inadmissibility as it... Read More

USCIS on Public Charge (Apr. 12, 2021)
Posted on 15 Apr 2021 by Daniel M. Kowalski

USCIS, Apr. 12, 2021, Renaud letter to Interagency Partners "This letter provides key information about a change in the way the Department of Homeland Security (OHS) is administering the public charge ground of inadmissibility. My message to you... Read More

CA9 Nixes States' Intervention in Public Charge Litigation
Posted on 12 Apr 2021 by Daniel M. Kowalski

City & County of San Francisco v. USCIS, No. 19-17213 California v. Dep’t of Homeland Sec., No. 19-17214 Washington v. Dep’t of Homeland Sec., No. 19-35914 Read More

DOS Update on Public Charge (Mar. 26, 2021)
Posted on 29 Mar 2021 by Daniel M. Kowalski

DOS, Mar. 26, 2021 "On July 29, 2020, the United States District Court for the Southern District of New York enjoined the Department of State from “enforcing, applying, implementing, or treating as effective” the Department’s... Read More

Vacatur of Public Charge Regulations
Posted on 11 Mar 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 "This final rule removes the regulations resulting from a final rule issued in August 2019, which has since been vacated by a Federal district court. DATES: This rule is effective on March... Read More

USCIS on Public Charge (Mar. 10, 2021)
Posted on 11 Mar 2021 by Daniel M. Kowalski

USCIS, Mar. 10, 2021 "USCIS is no longer applying the August 2019 Public Charge Final Rule. As a consequence, among other changes, USCIS will apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance . In other... Read More

Supremes Dismiss Trump's "Public Charge" Cases
Posted on 10 Mar 2021 by Daniel M. Kowalski

Amy L. Howe, Mar. 9, 2021 "Just over two weeks after the Supreme Court announced that it would review the Trump administration’s “public charge” rule, which governs the admission of immigrants into the United States, the case... Read More

CA9, 2-1, Upholds PP 9945 (Health Insurance)
Posted on 1 Jan 2021 by Daniel M. Kowalski

Doe v. Trump "We conclude that the Proclamation was within the President’s statutory authority and therefore reverse the district court’s order enjoining the Proclamation’s implementation." Read More

Expert: Court Strikes Down "Wealth Test" for Immigrants
Posted on 4 Dec 2020 by Daniel M. Kowalski

Daniel Gonzalez, Arizona Republic, Dec. 2, 2020 "The 9th U.S. Circuit Court of Appeals on Wednesday ruled against the Trump administration's "Public Charge" rule, which critics say imposes a wealth test on immigrants seeking green... Read More

CA9 (2-1) on Public Charge: San Francisco v. USCIS
Posted on 2 Dec 2020 by Daniel M. Kowalski

California Attorney General Xavier Becerra, Dec. 2, 2020 "California Attorney General Xavier Becerra today secured an order from the Ninth Circuit Court of Appeals affirming a prior preliminary injunction in a multistate lawsuit challenging the... Read More

Expert: USCIS Likely to Appeal Public Charge Ruling
Posted on 3 Nov 2020 by Daniel M. Kowalski

Bernie Pazanowski, Bloomberg, Nov. 2, 2020 "The Trump administration’s new public charge rule, which expanded the definition of immigrants who are inadmissible to the U.S. because of doubts they could be self-sustaining, has been struck down... Read More

Public Charge Rule Vacated Nationwide!
Posted on 2 Nov 2020 by Daniel M. Kowalski

Cook County v. Wolf, Nov. 2, 2020 "In sum, the Final Rule is vacated, and the vacatur is not limited to the State of Illinois. ... Given the Seventh Circuit’s holding that, despite the Supreme Court’s stay, the Final Rule was substantively... Read More

Barrett's Textualism Could Doom Immigration Challenges (Law360)
Posted on 29 Sep 2020 by Daniel M. Kowalski

Suzanne Monyack, Law360, Sept. 28, 2020 "U.S. Supreme Court nominee Amy Coney Barrett's tendency to defer to the executive branch's authority could pave the way for the Trump administration to prevail against challenges to its immigration... Read More