Three Injunctions Entered Against New Public Charge Rule

On October 11, 2019, Judge George B. Daniels of the United States District Court for the Southern District of New York issued a nationwide universal injunction against the implementation of the new public charge rule, which was slated to go into effect on October 15, 2019 [PDF version]. The suit was brought by the states of New York, Connecticut, and Vermont. The injunction will remain in effect until the district court resolves the case on the merits, or until the injunction is otherwise vacated or narrowed by an appellate court. As a result of the ruling, the preexisting public charge rules will remain in effect for the time being [see article].

The SDNY injunction is one of three injunctions against the public charge rule issued on the same day. Judge Phyllis J. Hamilton of the United States District Court for the District of Northern California issued a preliminary injunction against the implementation of the public charge rule [PDF version]. This injunction, however, only applies to implementing the rule in California, Oregon, Washington D.C., Maine, Pennsylvania, or any member of the household that includes a person from one of these states. Judge Rosanna Malouf Peterson of the United States District Court for the Eastern District of Washington entered a universal preliminary injunction against the rule applying nationwide [PDF version].

The Trump Administration will likely ask appellate courts to vacate all three injunctions and any subsequent injunctions that may be entered by other Federal district courts. At this time, it is uncertain when and whether the public charge rule will take effect. We will update the website with more information on the public charge final rule litigation as it becomes available.

We published a blog about the final rule on site [see blog].