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Supreme Court Lifts Injunction on DHS Public Charge Rule

January 27, 2020

On Monday, the Supreme Court voted 5-4 to lift the nationwide injunction on the Trump administration’s “public charge” rule while the case plays out in the 2nd Circuit Court of Appeals. The Department of Homeland Security (DHS) proposal makes it more difficult for immigrants who rely on, or who would rely on, public assistance to enter or gain legal status in the United States.

As previously reported, the current criteria for determining whether an immigrant would become a “public charge” is whether they would be likely to require cash assistance. Under the new rule, the criteria would expand to include non-cash assistance such as housing or food assistance received for more than 12 months within a 3-year span.

The rule was challenged in October by federal courts in California, New York, and Washington.

“Generations of immigrants have come to this country with little more than a dream in their pockets, but the president’s Public Charge Rule is an egregious attempt to infringe upon the values of our nation,” said New York Attorney General Letitia James after the injunction was lifted.