Archive for: New York

States: California, Washington, New York, Illinois

Filed: 2019

Courts: Northern District of California, Southern District of New York, Eastern District of Washington, Northern District of Illinois

Overview: A coalition of national disability advocacy groups filed four amicus briefs in support of litigation to stop the U.S. Department of Homeland Security (DHS) from implementing its new “public charge” rule. Twenty-one states–led by California, Washington, and New York–as well as Cook County, Illinois, have filed cases against the Trump Administration to block the new rule. The advocacy groups – representing tens of thousands of people with disabilities and their families across the country – claim that the new public charge rule will prevent people with disabilities from entering this country or becoming legal residents in violation of federal disability law.

Status: The public charge rule is currently temporarily enjoined from being implemented nationwide during the national public health emergency declared by the Trump administration.

Case Documents

Briefs:
California v. U.S. Department of Homeland Security (District Court)
New York v. U.S. Department of Homeland Security (District Court) 
Washington v. U.S. Department of Homeland Security (District Court)
Cook County, Illinois v. U.S. Department of Homeland Security (District Court)
California v. U.S. Department of Homeland Security (Ninth Circuit)
New York v. U.S. Department of Homeland Security (Second Circuit)
Washington v. U.S. Department of Homeland Security (Ninth Circuit)
Cook County, Illinois v. U.S. Department of Homeland Security (Seventh Circuit)

Decisions:

California v. U.S. Department of Homeland Security

• Northern District of California Opinion (granting preliminary injunction in plaintiff states but finding no specific disability discrimination)
• Ninth Circuit Court of Appeals Opinion (granted stay of nationwide injunction)
• Ninth Circuit Court of Appeals Opinion (affirming permanent injunction)

Cook County, IL v. U.S. Department of Homeland Security

• Northern District of Illinois Opinion (granting preliminary injunction in Illinois and not directly addressing the disability discrimination claims)
• U.S. Supreme Court Opinion (granted stay of statewide injunction)
• Seventh Circuit Court of Appeals Opinion (upholding preliminary injunction during COVID-19)
• Northern District of Illinois (granting summary judgment to plaintiffs and vacating final rule nationwide)

New York v. U.S. Department of Homeland Security

• Southern District of New York Opinion (granting nationwide preliminary injunction and finding potential disability discrimination)
• Second Circuit Court of Appeals Opinion (denied stay of nationwide injunction)
• U.S. Supreme Court Opinion (granted stay of nationwide injunction)

Washington v. U.S. Department of Homeland Security

• Eastern District of Washington Opinion (granting nationwide preliminary injunction and finding likely disability discrimination)
• Ninth Circuit Court of Appeals Opinion (granted stay of nationwide injunction)
• Ninth Circuit Court of Appeals Opinion (affirming permanent injunction)

Related Media

Press Release: The Arc Applauds Federal Injunctions Against Public Charge Rule

Press Release: Disability Advocacy Groups File Amicus Brief Opposing the Administration’s Public Charge Rule as Illegal Disability Discrimination

Press Release: Supreme Court Lifts Stay on Public Charge Rule: Implementation Will Have Chilling Impact on People with Disabilities

The Hill: Disability rights groups join challenge to ‘public charge’ rule