The Legal Aid Society, Paul, Weiss, Rifkind, Wharton & Garrison LLP
Client(s)
Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network
Since taking office, the Trump administration has been committed in its attack against low-income immigrants of color. One of its priorities has been to transform the system of family-based immigration by redefining millions of immigrants as future public charges and to deny them green cards as a result. In response to the administration's release of "Inadmissibility on Public Charge Grounds," a rule seeking to vastly expand the number of individuals denied green cards, Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network filed a case seeking to prevent the rule from ever taking effect.
The rule raises the income, language, and wealth requirements for immigrants seeking to become permanent residents, and penalizes immigrants for even the most minimal use of public benefits such as Medicaid. Our plaintiffs have devoted immense resources to educating their constituent communities about the effects of the rule and have documented the widespread fear the rule has already caused, with many immigrants disenrolling from crucial nutritional, health, and housing assistance. It will cause particular harm to Latinx, Black, Asian, and disabled immigrants.
Filed in the Southern District of New York, Make the Road New York v. Cuccinelli claimed violations of the Administrative Procedure Act's prohibition on arbitrary and capricious rulemaking, and alleged that the rule is contrary to the Immigration and Nationality Act, the Rehabilitation Act, and the Fifth Amendment's Equal Protection principles. It is part of the Center for Constitutional Rights' tradition of fighting for immigrants' rights and economic justice.
Second Circuit limits July 29 injunction to NY, CT, VT
August 12, 2020
Second Circuit limits July 29 injunction to NY, CT, VT
The Second Circuit issues an administrative order limiting the injunction granted on July 29th to New York, Connecticut and Vermont. The injunction is stayed in the rest of the country, pending review of the court.
August 4, 2020
Second Circuit affirms district court's issuance of preliminary injunction, modifying nationwide injunction to NY, CT and VT.
August 4, 2020
Second Circuit affirms district court's issuance of preliminary injunction, modifying nationwide injunction to NY, CT and VT.
Motion filed with Supreme Court to stop implementation of public charge rule
April 13, 2020
Motion filed with Supreme Court to stop implementation of public charge rule
In response to the unprecedented health and economic disaster caused by the global COVID-19 pandemic, the New York State Attorney General filed a motion in the Supreme Court on behalf of the New York State, New York City, Connecticut and Vermont, with factual support provided by plaintiffs and other immigrants' rights organizations. The motion asks the Court to temporarily lift or modify the stay of the nationwide injunction and to stop implementation of the new Public Charge Rule until the end of the pandemic.