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9th Circuit Stays Preliminary Injunctions in two Public Charge Suits

  • Organization: U.S. Court of Appeals for the Ninth Circuit
  • Document Type: Statute/regulation/other law
  • Date Created: Thursday, December 05, 2019
  • Attachment(s): PDF

Background:

1. In City & Cty. of San Francisco v. U.S. Citizenship & Immigration Servs., 2019 WL 5100718 (N.D. Cal. Oct. 11, 2019), the district court granted a preliminary injunction on the basis of the APA, effective against implementation of the rule in the plaintiff states. 

2. In Washington v. U.S. Dep’t of Homeland Sec., 2019 WL5100717 (E.D. Wash. Oct. 11, 2019).The district court granted a preliminary injunction on the basis of the APA claims and issued a nationwide injunction. 

On December 5th, 2019, the 9th Circuit granted the stay of both preliminary injunctions, stating: "DHS has shown a strong likelihood of success on the merits, that it will suffer irreparable harm, and that the balance of the equities and public interest favor a stay."

Topics:
  • Public Benefits / Welfare
  • Judicial Review