Emergency Justification Memo

U.S. Citizenship and Immigration Services
Office of Information Technology
Washington, DC 20529

Decision Memorandum
TO:

The Honorable Paul Ray
Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget

THROUGH: The Honorable Karen S. Evans
Chief Information Officer
Department of Homeland Security
FROM:

KAREN S
EVANS

William S. McElhaney
WILLIAM S
MCELHANEY
Chief Information Officer
U.S. Citizenship and Immigration Services

Digitally signed by KAREN S
EVANS
Date: 2020.08.10 11:20:53
-04'00'

Digitally signed by WILLIAM S
MCELHANEY
Date: 2020.08.06 16:47:49 -04'00'

SUBJECT: Request for Emergency Approval of an Information Collection Request pursuant to
44 U.S.C. 3507(j)(1)(B) and 5 CFR 1320.13
Purpose: USCIS is requesting emergency approval of this collection of information under
5 CFR 1320.13.
Background: On August 14, 2019, DHS published the Inadmissibility on Public Charge
Grounds, Final Rule (84 FR 41292, Aug. 14, 2019, final rule; as amended by 84 FR 52357, Oct.
2, 2019, final rule correction), the “Public Charge Final Rule”. On February 24, 2020, after a
number of nationwide injunctions and stays of those injunctions, DHS implemented the Public
Charge Final Rule, including information collection instruments approved by the Office of
Information and Regulatory Affairs in connection with that rule.
Discussion: On Wednesday, July 29, 2020, DHS was enjoined by the U.S. District Court for the
Southern District of New York from enforcing, applying, implementing, or treating as effective
the Public Charge Final Rule, which was implemented on February 24, 2020. USCIS has been
advised by the U.S. Department of Justice that the nationwide injunction covers the use of the
information collection instruments approved with the Public Charge Final Rule - see table on the
next page. In light of the injunction, and instead of applying the Public Charge Final Rule,

Subject: Request for Emergency Approval of an Information Collection Request pursuant to 44
U.S.C. 3507(j)(1)(B) and 5 CFR 1320.13
Page 2
USCIS will need to use the 1999 Interim Field Guidance on Deportability and Inadmissibility on
Public Charge grounds to make public charge inadmissibility determinations, together with
information collection instruments in place before the Public Charge Final Rule was
implemented.
Pursuant to 44 U.S.C. 3507(j)((1)(B) and 5 CFR 1320.13, DHS is requesting that the Director
approve this information collection request which includes the impacted information collection
instruments without the information collection elements instituted pursuant to the Public Charge
Final Rule. USCIS certifies that the requirements of 5 CFR 1320.13(a)(1) are met and that:
x
x

The subject collection of information is needed immediately and is essential to the
mission of the agency; and
The agency cannot reasonably comply with the normal collection procedures because
public harm is reasonably likely to result if normal clearance procedures are followed.

USCIS greatly appreciates the timely consideration of this request.
The following list are the forms impacted:
OMB Control Number
1615-0023
1615-0009
1615-0111
1615-0003
1615-0075

Form Number
I-485
I-129
I-129CW
I-539 and I-539A
I-864, I-864A, I-864EZ and I-864W