Immigration Updates - August 7th 2020

07. Aug. 2020

Public Charge Rule Temporarily Enjoined

On July 29th, the U.S. District Court for the Southern District of New York (NY) granted a temporary nationwide injunction of USCIS’ Final Rule on Inadmissibility on Public Charge Grounds, enjoining USCIS from enforcing the rule during the COVID-19 national health emergency. On August 4th, the Second Circuit Court of Appeals also upheld a prior injunction against the rule which was previously stayed by the Supreme Court with respect to NY, CT, and VT. The August 6th decision by the Fourth Circuit does not impact the nationwide injunction. As a result, nonimmigrant visa and Adjustment of Status applicants are no longer required to provide information on their receipt of or certification to receive public benefits, or provide supplementary documentation pertaining to their self-sufficiency, while the injunction is in effect.

Executive Order on Federal Contractors

On August 3rd, President Trump signed an Executive Order on Federal Contracting and Hiring Practices. This order directs leaders of federal agencies to review federal contracts and assess the negative impact on US workers due to contractors’ use of temporary foreign labor or offshoring within 120 days. The order also requests the Department of Labor (DOL) and Department of Homeland Security (DHS) to protect US workers from adverse impacts on wages and working conditions due to the presence of H-1B workers and develop measures to ensure employers adhere to immigration laws within 45 days. Until the review periods have passed, the impact of this order, if any, is uncertain.