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Public Charge Preliminary Injunction (Oct. 11, 2019)

  • Organization: U.S. District Court, Southern District of New York
  • Document Type: Statute/regulation/other law
  • Date Created: Friday, October 11, 2019
  • Attachment(s): PDF


  • Nationwide injunction.
  • Effective date postponed until further Order, with October 15, 2019, to be replaced with another date upon termination of this order, if that comes to pass (meaning any benefits used in the meantime would be adjudicated under the 1999 Field Guidance, not retroactively under the new rule).·        
  • Effective date of the new Form I-944 and the updated Form I-485 are similarly enjoined.·        
  • Judge found we’re likely to succeed on constitutional as well as APA claims.·        
  • From the decision: ““The Rule is simply a new agency policy of exclusion in search of a justification.  It is repugnant to the American Dream of the opportunity for prosperity and success through hard work and upward mobility. Immigrants  have  always  come  to  this  country  seeking  a better  life  for themselves and their posterity.  With or without help, most succeed.”

Courtesy of: The Legal Aid Society of New York

  • Public Benefits / Welfare
  • Immigration Policy
  • Judicial Review