Federal appeals court rules against implementing 2019 public charge rule News
jeffbalbalosa / Pixabay
Federal appeals court rules against implementing 2019 public charge rule

The US Court of Appeals for the Ninth Circuit on Wednesday upheld preliminary injunctions blocking implementation of a 2019 rule changing the criteria the Department of Homeland Security (DHS) can use in making a public charge inadmissibility determination. The rule changed the definition of “likely to become a ‘public charge'” to include anyone likely to participate in non-cash federal government assistance programs.

The plaintiffs, several states and municipalities in California and Washington, alleged that the new rule causes immigrants eligible for federal assistance to withdraw from those programs and turn to state and local programs instead. DHS predicted that the rule would cause a 2.5 percent decrease in enrollment in federal assistance programs such as Medicaid. The court held that this rule is arbitrary and capricious under the Administrative Procedure Act because it does not provide an explanation for the abrupt change in policy and fails to consider the financial impact on localities and the impact on public health.

The panel determined that “the plaintiffs had demonstrated a high likelihood of success because the Rule is inconsistent with any reasonable interpretation of the public charge statute and therefore contrary to law.” Historically, a public charge has been understood to mean someone who depends on public assistance for survival, not an individual making use of short-term in-kind benefits that are insufficient for basic sustenance. Further, the court pushed back on the newly introduced English proficiency factor, citing a 1915 Supreme Court case, Gegiow v. Uhl, that overturned a public charge determination for individuals who spoke only Russian.

The decision vacates the Eastern District’s nationwide injunction, limiting the scope of the injunction to the jurisdiction of the court. In deciding to limit the injunction, the court noted that the issue is being litigated in multiple district and circuit courts. The Biden campaign promised to “reverse the Trump administration’s public charge rule” within its first 100 days in office, which would make the case moot.

THIS DAY @ LAW

Pope Urban II sparks First Crusade

Pope Urban II threw his support behind what would become the First Crusade on November 27, 1095 during the Council of Clairmont. The Pope urged the council's participants to render aid to the Byzantine Empire, which was being attacked by the Seljuks. Pope Urban called for a wide coalition of rich and poor to combat the threat, which eventually resulted in the conquest of much of the Muslim-controlled Levant by the Crusaders and the establishment of the Crusader States. Read Pope Urban's address.  

Catholic Code of Canon Law revised

On November 27, 1983, the revised Code of Canon Law of the Roman Catholic Church went into effect. Learn more about the history of Canon Law from Professor Kenneth Pennington of the Catholic University of America's Columbus School of Law.

Alfred Nobel creates Nobel Prize in his will

On November 27, 1895, Alfred Nobel signed his will, creating the Nobel Prize. Learn more about the history of the Nobel Prize and the Nobel Commission.