2nd Circuit Judges Question Trump Administration's Push to Implement Public Charge Rule
U.S. Circuit Judge Susan L. Carney asks how the federal government could be irreparably harmed by continuing to follow a procedure that has been in place for decades.
January 07, 2020 at 01:58 PM
5 minute read
A panel of the U.S Court of Appeals for the Second Circuit pushed back Tuesday on the Trump administration's efforts to set aside a nationwide injunction against its proposed public charge rule, which would make it easier for the federal government to deny legal status to immigrants who may be eligible for public benefits.
Judges from the Manhattan-based appeals court pressed Justice Department attorney Daniel Tenny on the administration's claims that it would suffer irreparable harm unless the order was lifted. So far, two circuit courts in California and Washington have lifted similar injunctions entered by lower courts, but a federal appeals court in Illinois denied the government's request for a stay in that state.
A contingent of state attorneys general, led by New York Attorney General Letitia James, and a coalition of immigrants rights groups last year sued over the proposed rule change, which would alter the definition of public charge, a designation that has historically referred to individuals who are "predominantly reliant on government aid" for an extended period of time.
Under the new rule, immigrants who receive one or more designated public benefits, such as Medicaid, food stamps and housing subsidies, for an aggregate of 12 months during a three-year period would be more likely to be deemed a public charge. According to the plaintiffs, the change was targeted at racial minorities and prevent them from applying for benefits they would otherwise be entitled to.
U.S. District Judge George B. Daniels in October expressed skepticism about the motive behind the rule and blocked its implementation.
"Defendants do not articulate why they are changing the public charge definition, why this new definition is needed now, or why the definition set forth in the rule—which has absolutely no support in the history of U.S. immigration law—is reasonable," Daniels wrote in an Oct. 11 ruling.
On Tuesday, Tenny told a three-judge panel of the appeals court that, as long as the injunction remains in place, the federal government would be forced to grant permanent-resident status to people who were likely to be public charges under the new rule—decisions that could not be revisited or adjusted once they are made.
U.S. Circuit Judge Susan L. Carney responded to that argument by asking how the federal government could be irreparably harmed by continuing to follow a procedure that has been in place for decades.
Carney noted that nationwide injunctions were "obviously problematic from a number of perspectives," but suggested it might be more efficient for the appeals court to first take up the merits of the case instead of deciding whether to lift the injunction. The issue of irreparable harm, she said, was "very uncertain."
New York Assistant Solicitor General Judith Vale, arguing for the states, said the purpose of the injunction was to maintain the status quo until a merits panel could weigh in. Judge Daniels ruling, she said, found that the government was unlikely to succeed on the merits, and the government carried the burden of showing that a stay was needed.
Jonathan Hurwitz, a Paul, Weiss, Rifkind, Wharton & Garrison attorney representing the immigrants' rights groups, meanwhile, said that without the injunction, "hundreds of thousands" of immigrants would forego benefits, leading to an increase in emergency room visits, communicable diseases and problems with housing. Aid groups, he said, would be forced to dedicate most of their resources to addressing the fallout and would not be able to do the "work they normally do."
"I don't know whether the government would characterize that as harm, but it sounds like harm to me," he said.
Though the appeals court was not asked on Tuesday to address the legality of the rule itself, U.S. Circuit Judge Guido Calabresi did note that he had "a couple problems with the merits," including how the government would parse out the difference between people who applied for benefits in a time of emergency and those whose financial status made them more likely to be a long-term drag on the system.
Tuesday's panel also included U.S. Circuit Judge Amalya Lyle Kearse.
Briefing on the merits is set to wrap in the Second Circuit next month, with arguments possible for for March.
The cases, on appeal, are captioned State of New York v. United States Department of Homeland Security and Make the Road New York v. Cuccinelli.
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 AllGovernment Attorneys Are Flooding the Job Market, But Is There Room in Big Law?
4 minute readTrump, ABC News Settlement in Defamation Lawsuit Includes $1M in Attorney Fees For President-Elect
Law Firms Mentioned
Trending Stories
- 1Considering the Implications of the 2024 Presidential Election for Jurors in White Collar Cases
- 22024 in Review: Judges Met Out Punishments for Ex-Apple, FDIC, Moody's Legal Leaders
- 3What We Heard From Litigation Leaders in 2024
- 4Akin and Simpson Create New Practice Groups With Integrated Teams
- 5Thursday Newspaper
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