Legal Aid Society


LAS Wins Appellate Decision Blocking "Public Charge” Immigration Rule

A federal appeals court ruling on Tuesday blocked the Trump administration’s controversial “public charge” rule from being enforced, affirming an injunction from a district court last week, according to CNN.

The case, Make the Road New York v. Cuccinelli, was litigated by The Legal Aid Society, Center for Constitutional Rights, and the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, on behalf of Make the Road New York and other groups. The appellate ruling also blocks “public charge” in Connecticut and Vermont.

The “public charge” rule makes it more difficult for immigrants to obtain legal status if they use public benefits. The rule has become even more controversial in the age of COVID-19, with many undocumented immigrants fearing that seeking medical attention may lead to apprehension or deportation by ICE.

“The current state of affairs is that pursuant to the district court’s order from last week, the Department of Homeland Security’s public charge rule is blocked until the public health emergency caused by the COVID-19 pandemic ends,” said Susan Welber of The Legal Aid Society who serves as counsel for the plaintiffs in Tuesday’s case.