Biden Administration Ceases Enforcement of Public Charge Rule; Scraps Form I-944

On Tuesday, March 9, the Biden administration told the Supreme Court that it would no longer defend the Trump era public charge regulation. Soon after, the Seventh Circuit Court of Appeals dismissed an appeal of one of the district court rulings against the green card restrictions, restoring suspension of the policy. Homeland Security Secretary Alejandro Mayorkas halted the implementation of the 2019 "public charge” regulation following the reinstatement of a federal court order blocking the Trump policy. As such, the confusing and invasive Form I-944 will no longer be required for Adjustment of Status green card applications.

Pro-immigrant activists have long denounced the policy, designed and pushed by Trump aide Stephen Miller, which acts as a wealth test and penalizes those who lawfully accept public assistance, have large families, or medical conditions. Mayorkas stated “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them.”

If you are filing an Adjustment of Status (Form I-485) application, you are no longer required to also complete Form I-944 and collect the asset, liability, credit score, public benefits, and health insurance information for that form. If you are applying for a green card through marriage, you are still required to have your US Citizen spouse file an I-864 Affidavit of Support.