Immigration Law

Recent Posts

Public Charge Final Rule
Posted on 9 Sep 2022 by Daniel M. Kowalski

Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 "SUMMARY: The U.S. Department of Homeland Security (DHS) is amending its regulations to prescribe how it determines whether noncitizens are inadmissible to the United States because... Read More

Supremes DIG AZ v. SF (Public Charge Rule)
Posted on 15 Jun 2022 by Daniel M. Kowalski

SUPREME COURT OF THE UNITED STATES No. 20–1775 ARIZONA, ET AL., PETITIONERS v. CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 15, 2022] PER CURIAM. The... Read More

Asylum and Public Charge
Posted on 25 Mar 2022 by Daniel M. Kowalski

Immigration and Human Rights Clinic, UDC Clarke School of Law, Feb. 17, 2022 Hats off to Prof. Lindsay M. Harris for creating this useful tool! Read More

Official FR Version of Public Charge Proposed Rule
Posted on 24 Feb 2022 by Daniel M. Kowalski

Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 "The U.S. Department of Homeland Security (DHS) proposes to prescribe how it determines whether a noncitizen is inadmissible to the United States under section 212(a)(4) of the Immigration... Read More

Justices Heard Dispute from GOP-Led States over Biden’s Refusal to Defend Legality of Trump-Era Immigration Rule
Posted on 23 Feb 2022 by Daniel M. Kowalski

Amy L. Howe, Feb. 22, 2022 "On Wednesday, the Supreme Court [ heard ] oral argument in a dispute over whether a group of states, led by Arizona, can defend a contentious Trump-era immigration policy known as the “public charge” rule... Read More

SC Oral Argument, Wed. Feb. 23, 2022: Arizona v. City and County of San Francisco (Public Charge)
Posted on 22 Feb 2022 by Daniel M. Kowalski

Links to all the briefs here . Issue: Whether states with interests should be permitted to intervene to defend a rule when the United States ceases to defend. Read More

DHS Proposes "Fair and Humane" Public Charge Rule
Posted on 17 Feb 2022 by Daniel M. Kowalski

Feb. 17, 2022 DHS Stakeholder email text: " The Department of Homeland Security (DHS) will issue a Notice of Proposed Rulemaking (NPRM) that would regulate how DHS applies the public charge ground of inadmissibility. The proposed rule would provide... Read More

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