SDNY Judge Halts Enforcement of Trump Administration's 'Public Charge' Rule Amid Pandemic
U.S. District Judge George Daniels said "much has significantly changed" since the Supreme Court weighed in earlier this year, and actions taken by the federal government were not enough to ensure that immigrants, wary of federal immigration actions, would not be dissuaded from seeking medical care.
July 29, 2020 at 06:56 PM
3 minute read
With the death toll from COVID-19 surpassing 150,000 in the United States, a Manhattan federal judge on Wednesday blocked the Trump administration from enforcing its controversial "public charge" rule until the worst of the pandemic is over.
The ruling, from U.S. District Judge George B. Daniels of the Southern District of New York, granted New York Attorney General Letitia James' request to temporarily block nationwide enforcement the rule, which would make it easier for the federal government to deny legal status to immigrants who might apply for public assistance. Connecticut Attorney General General William Tong led along with James in making the request.
The U.S. Supreme Court on Jan. 27 lifted Daniel's previous injunction preventing the rule from going into effect, while a Manhattan-based federal appeals court mulled an appeal in the case. Under the high court's stay, the public charge rule was allowed to take effect Feb. 24.
In a 31-page ruling, Daniels said "much has significantly changed" since the Supreme Court weighed in earlier this year, and actions taken by the federal government were not enough to ensure that immigrants, wary of federal immigration actions, would not be dissuaded from seeking medical care.
"The world is in the throes of a devastating pandemic," with "staggering" infection and death numbers continuing to climb "on a daily basis," Daniels wrote
"Thousands continue to die indiscriminately," the judge said. "Attempting to effectively combat this plague has immediately come in conflict with the government's new 'public charge' policy, a policy which is intended to discourage immigrants from utilizing government benefits and penalizes them for receipt of financial and medical assistance."
In his decision, Daniels said his temporary nationwide injunction was not in conflict with the Supreme Court's earlier ruling, and asserted that it was within his "equitable discretion" to grant the relief based on dramatic public health developments that had made an such a ruling "nothing short of critical."
"What were previously theoretical harms have proven to be true," Daniels said. "We no longer need to imagine the worst-case scenario; we are experiencing its dramatic effects in very real time."
It was not clear from Daniels' ruling how long the temporary injunction would remain in effect.
READ MORE:
Coalition Led by NY AG James Argues for Halt to 'Public Charge' Rule During Pandemic
2nd Circuit Judges Challenge US DOJ Lawyer on 'Public Charge' Rationale
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
© 2025 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 AllPrivate Equity Giant KKR Refiles SDNY Countersuit in DOJ Premerger Filing Row
3 minute readSkadden and Steptoe, Defending Amex GBT, Blasts Biden DOJ's Antitrust Lawsuit Over Merger Proposal
4 minute readTrending Stories
- 1New York-Based Skadden Team Joins White & Case Group in Mexico City for Citigroup Demerger
- 2No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 3Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 4Meet the New President of NY's Association of Trial Court Jurists
- 5Lawyers' Phones Are Ringing: What Should Employers Do If ICE Raids Their Business?
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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