Supreme Court Issues Stay of Nationwide Injunction Against DHS Public Charge Rule

January 27, 2020

The Supreme Court issued a stay of the district court’s October 11, 2019 preliminary injunction, therefore allowing the DHS Public Charge Final Rule to go into effect nationwide except for in Illinois, where an injunction against the rule remains in effect. In a press release, Ken Cuccinelli, the Senior Official Performing the Duties of the DHS Deputy Secretary, stated: “We plan to fully implement this rule in 49 states and are confident we will win the case on the merits.” (DHS v. New York, 1/27/20)

As of January 28, 2020, neither USCIS nor DHS has posted guidance regarding this decision. AILA will post additional information as it becomes available.

January 8, 2020

The U.S. Court of Appeals for the Second Circuit denied the government's motion to stay the nationwide preliminary injunction issued by the Southern District Court of New York. The court set an expedited briefing schedule with the last brief due by February 14, 2020, with oral arguments to be scheduled “promptly after.”

October 11, 2019

On October 11, 2019, the U.S. District Court for the Southern District of New York enjoined and restrained the Department of Homeland Security and USCIS from “enforcing, applying, or treating as effective” the DHS Public Charge Final Rule. In addition, the court specifically enjoined the government from implementing the use of any new or updated forms whose submission would be required under the Final Rule, including the Form I-129, Form I-485, Form I-539, Form I-864, Form I-864 EZ, Form I-944 and Form I-945.


August 27, 2019

Community organizations filed a lawsuit in the United States District Court for the Southern District of New York (SDNY) seeking to block the Trump administration’s proposed “public charge” rule before it takes effect on October 15, 2019. The organizations, Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network ("CLINIC"), are represented by the Legal Aid Society, the Center for Constitutional Rights, and Paul, Weiss, Rifkind, Wharton & Garrison LLP. If the rule takes effect, it will vastly expand the government’s ability to deny permanent status to immigrants who have relied on certain public benefits.

Cite as AILA Doc. No. 19101103.