Federal Courts Issue Injunctions Blocking
Public Charge Rule

On October 11, 2019, three different federal courts issued preliminary injunctions blocking the final Department of Homeland Security (DHS) rule (commonly known as the new “public charge rule”) from taking effect on October 15. The rule, which would have made it more difficult for immigrants who use federal, state, or local government benefits to obtain green cards, is temporarily suspended nationwide, pending further adjudication in the courts. In their orders granting the injunctions, judges in New York, California and Washington found that the plaintiffs in each case were likely to succeed on the merits of their claims that the new public charge rule exceeded DHS’s congressionally-granted authority to issue regulations, and that the rule was arbitrary and capricious. 

For now, this means that immigrants and their families may continue to apply for and receive the benefits added to the definition of “public benefit” under the new rule (SNAP, Medicaid and housing assistance) without fear that receiving these benefits will count against them in connection with a green card application.

Although the preliminary injunction prevents the public charge rule from going into effect nationwide on October 15, it does not guarantee that the new rule will be overturned for good. Until courts issue final decisions, the existing public charge rule will apply. Receipt of TANF, SSI and other federal, state or local cash assistance benefits will continue to count against green card applicants. The standard for being found a “public charge” will remain whether an immigrant is likely to become “primarily dependent on the government for subsistence” at any time in the future. It is also important to note that the injunctions do not preclude the new State Department guidance on public charge determinations for visa eligibility from taking effect as of October 15.

While implementation and enforcement of the new public charge rule has been postponed, many groups estimate that the proposed changes have already had a significant chilling effect on the number of individuals applying for public benefits in the United States. For more information, and to sign up for alerts related to this rule, visit protectingimmigrantfamilies.org or nilc.org.

CAPLAW will continue to monitor developments on the public charge rule and update the Community Action network on any changes as they arise. If you have questions about these issues, please feel free to contact CAPLAW for assistance.

This News Flash is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0467-03. Any opinion, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.

The contents of this news flash are intended to convey general information only and do not constitute legal advice. Any communication through this publication or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.