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A federal judge just vacated the DHS #PublicCharge rule. This is a big deal for hundreds of thousands of immigrants seeking green cards & ultimately US citizenship.
Courts have blocked the public charge rule before, but this time is different...
1/ https://www.boundless.com/public-charge-rule/
Previous rulings were all about whether a "preliminary injunction" against the public charge rule should stand.
There's nothing preliminary about today's ruling. It's a summary judgment & vacates the rule in its entirety, nationwide.
(Prior history:)
2/ https://twitter.com/doug_rand/status/1305142525301268480
There's nothing preliminary about today's ruling. It's a summary judgment & vacates the rule in its entirety, nationwide.
(Prior history:)
2/ https://twitter.com/doug_rand/status/1305142525301268480
Today's ruling comes from Judge Feinerman, Northern Dist. of IL, in the 7th Circuit. It's quite short (14 pages), since the main issues have already been litigated.
Let's walk through the plaintiffs' claims one by one...
3/ https://www.courtlistener.com/recap/gov.uscourts.ilnd.369026/gov.uscourts.ilnd.369026.222.0.pdf
Let's walk through the plaintiffs' claims one by one...
3/ https://www.courtlistener.com/recap/gov.uscourts.ilnd.369026/gov.uscourts.ilnd.369026.222.0.pdf
The rule is unlawful because it exceeds the Congressional authority granted to the executive branch.
In the words of the 7th Circuit: "it does violence to the English language & the statutory context" & doesn't provide DHS "unfettered discretion to redefine 'public charge.'"
4/
In the words of the 7th Circuit: "it does violence to the English language & the statutory context" & doesn't provide DHS "unfettered discretion to redefine 'public charge.'"
4/
It's also unlawful because it violates the Administrative Procedure Act's "arbitrary & capricious" standard, for a whole host of reasons—including failure to address "significant, predictable collateral consequences" (i.e. direct harms to US citizens & immigrants alike):
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Does the #PublicCharge rule also violate the Equal Protection Clause of the Constitution due to unlawful discrimination?
That's still an open question being sussed out in 3 different lawsuits (in WA, NY, & IL), all pursuing discovery (i.e. demanding DHS turn over new docs).
6/
That's still an open question being sussed out in 3 different lawsuits (in WA, NY, & IL), all pursuing discovery (i.e. demanding DHS turn over new docs).
6/
What happens next?
*The DHS public charge rule is vacated as of today. @USCIS can't apply it to green card applicants going forward.
*The Trump admin will seek to overturn today's ruling on appeal.
*Justice Barrett will have to recuse herself.
7/ https://twitter.com/doug_rand/status/1316770749928157191
*The DHS public charge rule is vacated as of today. @USCIS can't apply it to green card applicants going forward.
*The Trump admin will seek to overturn today's ruling on appeal.
*Justice Barrett will have to recuse herself.
7/ https://twitter.com/doug_rand/status/1316770749928157191
Of all the ways the Trump admin has sought to shut down legal immigration, the public charge rule is the most consequential— @chooseboundless estimates it could block ~355k green card seekers each year.
8/ https://twitter.com/chooseboundless/status/1321855813820981253
8/ https://twitter.com/chooseboundless/status/1321855813820981253
It's also a de facto family separation policy, potentially preventing ~200k spouses from being together in the US every year.
9/ https://www.boundless.com/blog/looming-immigration-directive-separate-nearly-200000-married-couples/
9/ https://www.boundless.com/blog/looming-immigration-directive-separate-nearly-200000-married-couples/
And it's an outrageously discriminatory policy.
@MigrationPolicy found the public charge rule would block:
*71% of green card applicants from Mexico & Central America
*69% from Africa
*52% from Asia
*...but only 36% from Europe, Canada & Aus/NZ
10/ https://www.migrationpolicy.org/news/through-back-door-remaking-immigration-system-expected-public-charge-rule
@MigrationPolicy found the public charge rule would block:
*71% of green card applicants from Mexico & Central America
*69% from Africa
*52% from Asia
*...but only 36% from Europe, Canada & Aus/NZ
10/ https://www.migrationpolicy.org/news/through-back-door-remaking-immigration-system-expected-public-charge-rule
Sincere kudos to @icirr, @cookcountysao, & all the other plaintiffs & attorneys who have worked tirelessly in courtrooms all across the country to put a stop to the lawless & deadly DHS public charge rule.
May it stay in the dustbin of history.
11/11 https://twitter.com/doug_rand/status/1321174552001552385
May it stay in the dustbin of history.
11/11 https://twitter.com/doug_rand/status/1321174552001552385
