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Contract Rights Under The I-864 Affidavit Of Support: Seventh Circuit's Reasoning Binds Courts' Hands In A Shifting Landscape For Public Charge Doctrine, John T. Burger

St. John's Law Review

(Excerpt)

Courts are currently split on the issue of whether a mitigation of damages defense is available to sponsors to the Affidavit. Leading cases, including Liu, rely upon the unique nature of the form to assert that such defenses are precluded. This Note will argue that the I-864 should be treated under the same principles as a typical common-law contract. Part I of this Note will trace the history of the I-864 form, primarily focusing on the legislation and case law rendering the form an enforceable contract. Part II will discuss Liu v. Mund, focusing extensively on the United States …