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The Department of Homeland Security announced Saturday it will implement the public charge rule nationwide beginning today. The announcement follows a Supreme Court ruling on Friday that stayed an Illinois state-wide injunction. The Court had previously lifted other nationwide injunctions, and the government already announced enforcement of the rule in all other states beginning Feb. 24.
Key points:
BAL Analysis: Employers and individuals should be aware that the public charge rule now applies nationwide and that Illinois filers are no longer exempt. Employers should anticipate longer timelines and factor in additional time for employees to gather the new information requested on the forms and potential delays in processing as USCIS officers will need to review additional information and supporting documentation. Though the Supreme Court has allowed DHS to implement the rule, it did not rule on the legality of the regulation and multiple lawsuits challenging the rule continue to progress.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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