Court limits the geographic scope of the injunction stopping the public charge rule to NY, CT, and VT
Yesterday, the Second Circuit Court of Appeals partially stayed the nationwide temporary injunction issued by a district court in New York last month against the Department of Homeland Security’s discriminatory public charge rule. That decision had halted the rule for the duration of the national public health emergency declared by the Trump Administration. This new decision means the rule is now back in effect nationwide, except in the states of New York, Connecticut, and Vermont.
The public charge rule puts in place a new test for people who are applying for visas or green cards. It looks at people’s health, including whether they have a disability, and whether they have used or might one day use public benefits, including Medicaid-funded home and community-based services on which many people with disabilities rely. Several courts have already found the rule illegally discriminates against people with disabilities.
The rule’s implementation had initially been stopped by several federal courts that found that the rule was likely illegal and issued preliminary injunctions. However, earlier this year, the US Supreme Court decided to stay the nationwide injunction and a statewide injunction in Illinois, allowing the rule to go into effect nationwide while litigation is ongoing. The Court decided in April not to modify or lift its stay in light of the COVID-19 pandemic, but did state that lower courts could consider the issue, leading to last month’s injunction and yesterday’s partial stay.
CPR and other disability organizations have filed several amicus briefs in the litigation, detailing the discrimination disabled immigrants may face as a result of the rule. The amicus briefs and the latest on the litigation efforts can be found here. We will continue to monitor the litigation and remain committed to our fight to stop this harmful rule.
A fact sheet reviewing the basics of the rule and its impact on people with disabilities can be found here and we also have a more in-depth explainer, detailing the rule and the lawsuits challenging it. Additional background information on the rule, resources, and media can be found on our website.
The needs of all disabled people must be met during the COVID-19 crisis. Negotiations on the next COVID-19 bill have stalled and while President Trump took some executive actions over the weekend, none of those included disability priorities.
Senators have left DC for their home states but we need to keep pushing them to come to an agreement on the relief bill so please contact them and tell them #WhatWeNeed! You can find more information on our advocacy page, including call and email scripts and sample tweets, and can directly email your Senators using our portal here.
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