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AILA Doc. No. 19101106 | Dated October 11, 2019
WASHINGTON, DC – Today, the American Immigration Lawyers Association (AILA) welcomed the ruling of the U.S. District Court of the Southern District of New York in the Make the Road litigation which enjoins the administration from implementing the Public Charge Final Rule and specifically restrains the government from implementing or requiring the use of any new or updated forms in connection to the public charge rule. Another more limited injunction was also issued today by U.S. District Judge Phyllis J. Hamilton in California, as well as one in the Eastern District of Washington.
AILA Executive Director Benjamin Johnson stated, “These were the first in several expected rulings on litigation related to the public charge. The Trump administration’s public charge rule has been halted before these changes, including massively altered forms, started hitting families, businesses, and communities across the nation. To quote Judge Hamilton, ‘DHS’s new definition of ‘public charge’ is likely to be outside the bounds of a reasonable interpretation of the statute.’ AILA and other litigants in related cases await further rulings as we and our members remain committed to fighting for fair and just immigration law and policy.”
For further information, go to AILA’s Featured Issue page on the public charge.
Cite as AILA Doc. No. 19101106.
On March 9, 2021, the U.S. Supreme Court dismissed the pending appeal in DHS v. New York et. al. and the Seventh Circuit also dismissed the government’s appeal in Cook County, et al. v. Wolf, et al. As a result of these decisions, the U.S. District Court for the Northern District of Illinois’s order vacating the 2019 public charge final rule nationwide went into effect.
Subsequently, DHS withdrew its 2019 public charge rule, and USCIS stopped applying the rule to all pending applications and petitions. The DOS public charge rule was enjoined in July 2020, and, in December 2020, DOJ withdrew its public charge rule from OIRA.
Visit the public charge featured issue page for more information.Public Charge Featured Issue Page
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