Public Charge Litigation
Update: August 12, 2020
Today, the Second Circuit Court of Appeals partially stayed the nationwide temporary injunction issued by a district court in New York last month against the Department of Homeland Security’s discriminatory public charge rule. That decision had halted the rule for the duration of the national public health emergency declared by the Trump Administration. This new decision means the rule is now back in effect nationwide, except in the states of New York, Connecticut, and Vermont.
The public charge rule puts in place a new test for people who are applying for visas or green cards. It looks at people’s health, including whether they have a disability, and whether they have used or might one day use public benefits, including Medicaid-funded home and community-based services on which many people with disabilities rely. Several courts have already found that the rule illegally discriminates against people with disabilities.
CPR and other disability organizations have filed several amicus briefs in the litigation, detailing the discrimination disabled immigrants may face as a result of the rule. The amicus briefs and the latest on the litigation efforts can be found below. Additional background information on the rule, resources, and media can be found here. We will continue to monitor the litigation and remain committed to our fight to stop this harmful rule.
Lawsuits Challenging the Final Public Charge Rule
The Department of Homeland Security’s (DHS) public charge rule, which will go into effect on February 24, 2020, will be devastating for immigrants with disabilities, and means individuals could be denied admission or have their application for lawful permanent residency denied because they used (or even might use in the future) a wide range of government programs, including Medicaid, housing assistance, or food assistance.
The rule was scheduled to go into effect on October 15, 2019, but twenty one states, led by California, Washington, and New York, filed cases against the Trump Administration to block the new rule and were initially successful in delaying implementation of the rule. However, the Supreme Court, in a pair of 5-4 decisions (which you can read here and here), decided to allow the rule to go into effect while the lawsuits make their way through the courts, and the Administration then announced the rule would go into effect on February 24, 2020. For more on the rule’s implementation, you can read our alert here. In April, the Court decided not to modify or lift its stay in light of the COVID-19 pandemic, but did state that lower courts could consider the issue.
On March 16, 2020, the US Citizenship and Immigration Services (USCIS) announced that in response to the coronavirus pandemic it “will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19” in making public charge determinations, “even if such treatment is provided or paid for by one or more public benefits, as defined in the rule (e.g. federally funded Medicaid).” However, on July 29, 2020, a federal district court in New York found that announcement was insufficient to ensure the rule would not cause harm during the pandemic and issued a temporary injunction against the rule, preventing it from being implemented, applied, or enforced nationwide while the national public health emergency declared by the Trump Administration is ongoing.
The Center for Public Representation, American Civil Liberties Union, and sixteen other national disability advocacy groups represented by the global law firm Latham & Watkins filed amicus briefs in support of the litigation. The advocacy groups – representing tens of thousands of people with disabilities and their families across the country – claim that the new public charge rule will prevent people with disabilities from entering this country or becoming legal residents in violation of federal disability law.
Below are litigation highlights and links to filings in all of the lawsuits against the rule. To learn more about the rule, visit our main public charge page here and for more on how DHS’ public charge rule will affect people with disabilities, check out our fact sheet and explainer.
For more resources and information, please visit the Protecting Immigrant Families website.