[Update] U.S. Supreme Court Grants Stay in "Public Charge" Litigation

On December 10, 2018, CLE submitted comments to the Department of Homeland Security concerning DHS Docket No. USCIS 2010-0012; RIN 1615-AA22 Inadmissibility on Public Charge Grounds ("Public Charge Rule"). CLE opposed the Public Charge Rule because it would jeopardize the ability of students in immigrant families, both legal and those without documents, to succeed in school. In particular, CLE raised concerns that if the proposed regulation was finalized, (1) more students would arrive to school hungry and schools will have difficulty maintaining their school-wide lunch programs; (2) fewer students would have access to critical healthcare services, including mental health services, both in and out of school; (3) more students will experience the trauma of homelessness; and (4) toxic stress among children will lead to long-term developmental concerns.

The Department of Homeland Security issued the Final Rule on August 14, 2019 and litigation subsequently followed. On October 11, 2019, a single justice for the Southern District of New York issued a nationwide injunction enjoining the Federal Government from implementing the Finale Rule. On January 27, 2020, the U.S. Supreme Court granted the Federal Government's request to stay the injunction, allowing the Public Charge Rule to take effect in all states except Illinois [due to a separate District Court preliminary injunction]. U.S. Citizenship and Immigration Services began implementing the Public Charge Rule on February 24, 2020.

Click here to read CLE's comments to the Public Charge Rule.

Click here to read the Final Rule issued by the Department of Homeland Security.

Click here to read the Supreme Court's ruling from January 27, 2020.