NY Federal Judge Presses DOJ Lawyers for Reason Behind 'Public Charge' Rule
Judge George B. Daniels said the new definition aimed to drastically narrow, without congressional approval, who is currently considered a public charge and asked why the administration chose to promulgate the rule.
October 07, 2019 at 01:37 PM
4 minute read
The original version of this story was published on New York Law Journal
A Manhattan federal judge repeatedly pressed a Justice Department lawyer on the rationale behind the Trump administration's proposed "public charge" rule, which is aimed at making it easier for the federal government to deny green cards to immigrants who may rely on public assistance based on their income.
In an aggressive line of questioning, U.S. District Judge George B. Daniels of the Southern District of New York said the proposed rule, set to take effect Oct. 15, sought to impose a new definition that would include noncitizens who are likely to receive some form of public benefits for more than 12 months in a 36-month period.
The district judge said the new definition aimed to drastically narrow, without congressional approval, who is currently considered a public charge and asked why the administration chose to promulgate the rule.
"You gotta give me some rational basis," Daniels said. "The mere receipt of public benefits is not enough on its own to deem somebody a public charge."
Opponents are requesting a preliminary injunction that would bar the rule from going into effect while litigation is ongoing. On Monday, plaintiff attorneys argued that the measure was tinged with "racial animus" and should be reviewed under the daunting strict scrutiny standard because it would disadvantage nonwhite immigrants, while favoring those coming from Europe.
"The outcome is that people who are black, Latino or Asian are more likely to be disproportionately impacted," said Ghita Schwarz, senior staff attorney with the Center for Constitutional Rights.
Attorneys said that the designation of public charge historically has been reserved for individuals who are "predominantly reliant on government aid" for an extended period of time. But under the new rule, immigrants who receive one or more specified public benefits for an aggregate of 12 months during a three-year window would be more likely to be deemed a public charge.
Challengers to the rule argued that immigrants who are deemed a public charge are less likely to be granted legal status to remain in the country under the Immigration and Nationality Act, which was enacted by Congress more than six decades ago.
As a result, the attorneys claimed, immigrants would likely forgo applying for Medicaid, food stamps and housing subsidies, services, the lawyers said, they are entitled to under federal law.
Ethan Davis, the DOJ attorney, said the rule would establish a "totality-of-the-circumstances" test that would weigh multiple factors do determine if someone is likely to become a public charge. Davis acknowledged that the rule would lead to fewer people obtaining green cards, but said the rule was operating within the parameters of Congress' broad definition of "public charge."
Disproportionate impacts on certain groups, he said, were not enough to hold up the rule from going into effect next week.
"The agency is entitled to adopt a reasonable interpretation of broad language," Davis said.
Daniels did not issue a ruling at the end of Monday's hearing, but his chambers said he intended to rule by the end of the week.
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All3rd Circuit Strikes Down NLRB’s Monetary Remedies for Fired Starbucks Workers
‘Not A Kindergarten Teacher’: Judge Blasts Keller Postman, Jenner & Block, in Mass Arb Dispute
6 minute readSolana Labs Co-Founder Allegedly Pocketed Ex-Wife’s ‘Millions of Dollars’ of Crypto Gains
4 minute readTrending Stories
- 1'Largest Retail Data Breach in History'? Hot Topic and Affiliated Brands Sued for Alleged Failure to Prevent Data Breach Linked to Snowflake Software
- 2Former President of New York State Bar, and the New York Bar Foundation, Dies As He Entered 70th Year as Attorney
- 3Legal Advocates in Uproar Upon Release of Footage Showing CO's Beat Black Inmate Before His Death
- 4Longtime Baker & Hostetler Partner, Former White House Counsel David Rivkin Dies at 68
- 5Court System Seeks Public Comment on E-Filing for Annual Report
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250