DHS announced on March 9th 2021 that it will no longer appeal judicial decisions invalidating or enjoining enforcement of the 2019 Public Charge Final Rule because continuing to defend the final rule, Inadmissibility on Public Charge Grounds, 84 Fed. Reg. 41,292 (Aug. 14, 2019) (2019 Rule), is neither in the public interest nor an efficient use of limited government resources. DOJ filed a joint motion to dismiss the petition for certiorari in the Supreme Court, as well as joint motions to dismiss appeals in various Circuit Courts (including the 2nd, 7th, and 9th Circuits), all of which have been granted. As such, the district courts either enjoining the rule or permanently vacating the rule per the Cook County case, will become the law of the land.  DHS announced that once the rule is permanently vacated that it will follow the 1999 interim field guidance on the public charge inadmissibility provision, at which time the Form I-944 will no longer be required. Under the 1999 interim field guidance, DHS will not consider a person’s receipt of Medicaid (except for Medicaid for long-term institutionalization), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination. In addition, medical treatment or preventive services for COVID-19, including vaccines, will not be considered for public charge purposes.

Update: USCIS has announced on March 11, 2021 that beginning on March 9, 2021, applicants are not required to file Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. The Form I-944 has been discontinued.

USCIS has stated:

“If an applicant or petitioner has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, USCIS will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, or information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required by the Public Charge Final Rule, including but not limited to Form I-944, and your response is due on or after March 9, 2021, you need not provide the information solely required by the Public Charge Final Rule. You do, however, need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, it will issue a subsequent RFE or NOID. or information about the relevant court decisions, please see the litigation summary.“