Public Charge Rule Blocked by Courts

Public Charge Rule – Blocked by Courts – Official Orders, Summary

In US Immigration - Visas by KumarUpdated : 1 Comment

As many of you know the Public Charge Rule impacting H1B, H4, F1, L1 and many other visa holders is set to be effective from October 15th, 2019. In fact, USCIS even released new forms like I-539 with Public Charge info. In the past couple of months, we had over a dozen lawsuits nationwide. After the courts’ typical judicial processes over the last couple of months and hearings this week and last week, three courts have issued their judgment order with a preliminary injunction to block the Public Charge Rule going into effect from Oct 15th, 2019. We will look at the actual court judgment orders, official copies of orders and some key points.

Summary of the Orders by Courts – Public Charge Rule Blocked

Three courts have issued orders blocking the Public Charge Rule that is set to be effective from October 15th, 2019.

New York District Court – Public Charge Injunction Order Summary

  • Three states and a NY City challenged the public charge rule
  • Granted nationwide Injunction to block the public charge rule based on couple of key points
  • Administrative Procedure Act merits in favor of the states
  • Irreparable damage to the states, if the public charge rule is effective
  • 3 pages court order document (check the end of article for full document)
  • Below is the order screenshot from the injunction order document.
New York Public Charge Injunction Order by Court
Public Charge Rule Blocked Order by New York Judge Page 2

Washington District Court – Public Charge Injunction Order Summary

  • Fourteen States have challenged the public charge rule.
  • Granted nationwide preliminary injunction to block the rule based on the below key points  
  • Administrative agency DHS has exercised authority that is inconsistent with the congress directions.
  • DHS actions in the ruling are not backed by relevant data and no satisfactory explanation for the action.  So, the agency action is capricious ( unaccountable changes)
  • There is a likelihood of irreparable harm to the state governments with the public charge rule as it will hurt the health and well being of their resident.
  • 59 pages court order document (check the end of article for full document)
  • Below is the order screenshot from the injunction order document
Washington Court - Public Charge Rule Order Injunction page 1
Washington Court - Public Charge Rule Order Injunction page 2

California District Court – Public Charge Injunction Order Summary

  • Three related cases filed by California state, San Francisco City, Counties and many other groups challenging the public charge rule.
  • Granted preliminary injunction only in only some states, cities and counties that the court has jurisdiction to block the rule based on the below key points .
  • Agency rule violates Administrative Procedural Act
  • Agency rule is not in accordance with Rehabilitation Act
  • The Public charge rule is arbitrary, capricious and abuse of discretion. DHS failed to adequately consider costs and benefits
  • The states, counties will suffer irreparable harm, if no injunction.
  • 93 pages court order document (check the end of article for full document)
  • Below is the order screenshot from the injunction order document
California State - Preliminary Injunction - Public Charge Rule

If you would like to read the entire document of the court order, we have them below for your review.

What do you think of the court judgement ? Share your thoughts in comments.

Official Court Injunction Order – New York District Court

Official Court Injunction Order – Washington District Court

Official Court Injunction Order – California District Court

   

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