Federal Judge Enjoins DHS’s Public Charge Rule And Required Use Of Related Forms

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U.S. District Court Judge George S. Daniels of the Southern District of New York enjoined the Trump Administration’s new Public Charge Rule scheduled to go into effect on October 15, 2019. The new Rule has been the subject of much controversy and would have made it more difficult for foreign nationals to obtain green cards or even secure or extend temporary non-immigrant visa status.

In State of New York et al. v. U.S. Department of Homeland Security, 1:19-cv-07777-GBD, the Judge Daniels held that:

  • Plaintiffs, including the State of New York, the City of New York, the State of Connecticut, and the State of Vermont, satisfied all standing requirements;
  • The new Rule violated the Administrative Procedure Act (APA) because it exceeded delegated authority under the Immigration and Nationality Act (INA) and was arbitrary and capricious; and
  • The new Rule violated the Rehabilitation Act because it denies access to benefits to individuals with disabilities.

In a companion case, Make the Road New York et al. v. Ken Cuccinelli, 1:19-cv-07993-GBD, Judge Daniels also enjoined DHS from requiring the use of any updated forms related to the new Rule until further notice.

It has been reported that the Department of State will proceed with its own version of the Public charge Rule scheduled to take effect October 15, 2019, meaning that Judge Daniels’ nationwide injunctions are limited to DHS’s new Rule.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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