District Court Blocks Public Charge Rule Nationwide for Duration of COVID-19 Health Emergency

Click here for an update from August 13, 2020.

No one should have to make the choice between meeting their basic needs and being with their loved ones, especially in the light of the COVID-19 pandemic.  

Yesterday, a district court Judge in New York issued a new temporary injunction which blocks implementation and enforcement of the DHS Public Charge rule nationwide for the duration of the COVID-19 public health emergency. This injunction applies to every state in the nation, including Illinois. Our client, Illinois Coalition for Immigrant and Refugee Rights, provided a declaration detailing the harms to immigrants in Illinois in support of this motion.

The court found that the plaintiffs challenging the public charge rule, which would allow the government to deny green cards to immigrants found likely to need public benefits, had provided “ample evidence” that the rule deters immigrants from seeking COVID-19 testing and could threaten efforts to curb the spread of the disease. Another district court also issued a preliminary injunction barring enforcement of the Department of State’s Public Charge rule, which applies to visa applicants for admission from abroad.

This ruling means that implementation of the public charge inadmissibility rule will be paused nationwide in all 50 states, effective today, 7/30/20.  

We fully expect that the federal government will appeal this ruling all the way to the U.S. Supreme Court. Please stay tuned for further updates and check in regularly at protectingimmigrantfamiliesillinois.org.

August 13, 2020 update:

No one should have to make the choice between meeting their basic needs and being with their loved ones, especially in the light of the COVID-19 pandemic.   

Yesterday, a judge from the U.S. Court of Appeals for the 2^nd Circuit issued a partial stay of the New York district court’s new temporary injunction which blocked implementation and enforcement of the DHS Public Charge rule nationwide for the duration of the COVID-19 public health emergency. This partial stay means that the public charge rule is now back in effect as of August 12, 2020 in most states, including in Illinois. The injunction however remains in effect for states covered by the 2^nd Circuit, which are New York, Vermont, and Connecticut.  The separate district court opinion issuing a preliminary injunction barring enforcement of the Department of State’s Public Charge rule, which applies to visa applicants for admission from abroad, remains in effect for now and nationwide. The preliminary injunction barring the enforcement of the presidential health insurance proclamation that would restrict immigration to the United States by people who are uninsured and cannot pay the costs of their health care also continues to be in effect nationwide. 

The Shriver Center condemns the public charge rule, which would allow the government to deny green cards to immigrants found likely to need public benefits. We support the district court’s finding that the rule provided “ample evidence” that the rule deters immigrants from seeking COVID-19 testing and could threaten efforts to curb the spread of the disease.   

Please stay tuned for further updates and check in regularly at protectingimmigrantfamiliesillinois.org. 

See below for some of our previous statements on the public charge case:

Two Significant Victories in the Public Charge Litigation (June 12, 2020)

Shriver Center Urges Supreme Court to Suspend Public Charge Rule (April 20, 2020)  

Despite Supreme Court Ruling, Shriver Center Will Continue to Fight to Protect Immigrant Families (February 22, 2020)   

Federal Court Grants Illinois Injunction Against Public Charge Rule (October 15, 2019)  

Shriver Center Files Lawsuit Challenging Public Charge Rule (September 24, 2019)