Subsequent Trump-Era and Court Action(s)

• October 11, 2019

  Courts Block Public Charge Rule

  Judges from the U.S. District Courts for the Southern District of New York, Northern District of California, Eastern District of Washington, Northern District of Illinois, and District of Maryland enjoin the final USCIS public charge rule from implementation, including Forms I-945 and I-356.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

• January 30, 2020

  USCIS announces public charge rule implementation

  Following the Supreme Court stay, on January 30, 2020, USCIS announces it will implement the Public Charge rule beginning February 24, 2020, including Forms I-945 and I-356. The rule will be implemented everywhere except for in Illinois, where the rule remains enjoined.

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• February 24, 2020

  DHS Implements Inadmissibility on Public Charge Grounds Final Rule

  On February 24, 2020, USCIS implements the Inadmissibility on Public Charge Grounds Final Rule nationwide, including in Illinois, which means that Forms I-945 and I-356 may now be implemented.

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• July 29, 2020

  District Court preliminarily enjoins DHS public charge rule

  In New York v. DHS, SDNY District Court enjoins implementation of the public charge rule nationwide, including Forms I-945 and I-356, during the COVID-19 pandemic.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• September 11, 2020

  Stay of Injunction in State of New York v. DHS

  On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit, in New York v. DHS and Make the Road NY v. Cuccinelli, granted a full stay of the July 29, 2020, injunction pending the government’s appeal. This full stay allows DHS to resume implementing the public charge final rule nationwide, including in New York, Connecticut and Vermont. This means that USCIS is now free to implement Forms I-945 and I-356 in all jurisdictions.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• November 3, 2020

  AILA Featured Issue: Public Charge Changes at USCIS, DOJ, and DOS

  Several U.S. District Courts initially enjoined the public charge rule. Subsequent decisions by two Circuit Courts upheld the initial injunctions (Second and Seventh); one vacated the initial injunction (Fourth); and one Circuit partially enjoined the rule but has delayed the effective date of the order until the U.S. Supreme Court determines whether to grant certiorari in two separate cases (Ninth).

  The cases are:

  • Second Circuit: Injunction upheld 8/4/20 but scope limited to NY, CT. VT. Stayed by SCOTUS 1/27/20. COVID-related injunction stayed by 2nd Cir. 9/11/20. New York v. DHS (S.D.N.Y. 1:19-cv-0777; 2nd Cir. 19-3591). SCOTUS granted cert. on 2/22/21.
    • On March 9, 2021, the parties submitted a joint-stipulation to dismiss the case to SCOTUS.
  • Fourth Circuit: Nationwide injunction vacated 8/5/20. CASA de Maryland v. Trump (D. Maryland 8:19-cv-02715; 4th Cir. 19-2222).
  • Seventh Circuit: Illinois injunction upheld 6/10/20. Rehearing denied 8/12/20. Cook County & ICIRR v. Wolf (N.D. Ill. 1:19-cv-06334; 7th Cir. 19-3169). Stayed by SCOTUS 2/21/20.
    • On March 9, 2021, the parties submitted a joint-stipulation to dismiss the case to SCOTUS.
    • Texas and other states filed a motion to intervene, but on April 26, 2021, SCOTUS denied their application.
  • Ninth Circuit: Nationwide injunction stayed 12/5/19; decision issued 12/2/20, partially reinstating two lower court injunctions, but vacating portion of the Eastern District of Washington's injunction that applied nationwide. The rule was enjoined in plaintiff jurisdictions - 18 states and the District of Columbia (though the mandate had not yet issued). State of California v. DHS (9th Cir. 19-17213). The appeal comes from district court orders in the consolidated cases City and County of San Francisco; County of Santa Clara v. USCIS (N.D. Cal. 19-cv-04717) and State of California v. DHS (N.D. Cal. 19-cv-04975), and the separate case State of Washington v. DHS (E.D. Wash. 19-cv-05210).
    • In mid-March, 11 states sought to intervene in the Ninth Circuit litigation to defend the public charge rule after the Biden administration "effectively abandoned" it. On April 8, 2021, a split panel denied their motion to intervene, functionally ending the litigation.
    • Separately, in La Clinica De La Raza et al. v. Trump et al. (N.D. Cal. 4:19-cv-04980), on 11/25/20, the district court granted the plaintiffs' motion to reconsider HSA/FVRA claims, after previously granting the government's motion to dismiss such claims on 8/7/20.
    • On January 22, 2020, the Ninth Circuit granted DHS’s request to delay the effective date of the December decision until the U.S. Supreme Court determines whether it will grant writs of certiorari in Wolf v. Cook County, No. 20-450, and DHS v. New York, No. 20-449, two separate public charge cases. As a result, the public charge rules are in effect nationwide.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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