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The New Public Charge Rule: What It Means for the Community and Providers

Editor's note: ASC thanks our partners at Legal Aid SocietyProtecting Immigrant Families, and The New York Immigration Coalition for providing information and resources. 

Updated Feb. 1, 2020: The U.S. Supreme Court granted the government’s request to undo the District Court’s injunction in the MRNY v. Cuccinelli case on Monday, January 27, 2020, which African Services Committee is a plaintiff. This means that the October 11, 2019 injunction we had obtained to block the DHS public charge rule will be un-blocked pending further litigation. The Supreme Court’s stay will last at least until the appeals court's decision, until the Supreme Court denies any request for certiorari (a writ or order by which a higher court reviews a decision of a lower court), or agrees to hear the case and issue a decision. However, even if we ultimately prevail in court, in the meantime the Rule would likely remain in effect for at least several months. 

Read more: The New Public Charge Rule: What It Means for the Community and Providers

U.S. Court of Appeals Upholds Injunction on Public Charge

On Jan. 8, the U.S. Court of Appeals Second Circuit judges denied the Trump Administration's request to lift our and the New York State Attorney General’s Public Charge preliminary injunction. In other words, for now, our lawsuit will remain the only shield protecting millions of immigrant families nationwide from the Administration's brutal Public Charge revised regulation. 

Thanks to all who stood with us to Protect Immigrant Families at the hearing, to the Center for Constitutional Rights, Legal Aid Society, and Paul, Weiss, Rifkind, Wharton & Garrison LLP, for their representation, and fellow plaintiffs Make the Road New York, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network (“CLINIC”).

ASC Legal Update: Public Charge Victory and Ongoing Lawsuits

Only the nationwide injunction issued in the New York lawsuit ASC is involved in remains in effect and the government is still barred from applying its proposed public charge rule anywhere. ASC's New York lawsuit remains the only shield protecting millions from the Administrations's cruel Public Charge revised rule from devastating countless immigrant families. Our work has never been more important. 

ASC's litigation efforts currently have two major lawsuits before the federal courts. We are currently a party to the DACA lawsuit which will soon be heard by the Supreme Court. African Services Committee also recently won an encouraging victory in an ongoing critical battle: U.S. District Court Judge George Daniels recently issued a nationwide injunction suspending implementation of the Public Charge rule. This means that the Rule did not go into effect on the Administration's intended date Oct. 15, 2019. Judge Daniels wrote in his decision

Read more: ASC Legal Update: Public Charge Victory and Ongoing Lawsuits

African Services Committee Joins in Filing of New ‘Public Charge’ Lawsuit Over Proposed Immigration Rule

‘Public Charge’ Rule Devastating to Immigrants and Families

New York, New York, Aug. 27, 2019: African Services Committee strongly condemns the administration’s “public charge” rule published Aug. 14, 2019 by the Department of Homeland Security (DHS) and stands in solidarity with immigrant families and allies across the country, as we fight the finalized rule’s expanded provisions scheduled for publication Oct. 15, 2019. 

African Services Committee joined other non profit and advocacy organizations in a lawsuit filed Aug. 27 in the United States District Court for the Southern District of New York (SDNY) seeking to block the Trump administration’s proposed “public charge” rule before it takes effect on October 15, 2019. The organizations, Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network ("CLINIC"), are represented by The Legal Aid Society, the Center for Constitutional Rights, and Paul, Weiss, Rifkind, Wharton & Garrison LLP. If the rule takes effect, it will vastly expand the government’s ability to deny permanent status to immigrants who have relied on certain public benefits. This litigation seeks a permanent injunction to block rule from taking effect, and marks one of many lawsuits to be filed across the nation.  

Read more: African Services Committee Joins in Filing of New ‘Public Charge’ Lawsuit Over Proposed...

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