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ARTICLE · 25 OCTOBER 2019

Federal Court Blocks Public Charge Rule From Taking Effect

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On Friday, October 11, 2019, a federal judge in New York enjoined implementation of a final rule aimed at excluding from the United States aliens who have used public assistance programs

United StatesImmigration
Elizabeth Espín Stern
Elizabeth Espín Stern
Paul W. Virtue
Paul W. Virtue
Grace Shie
Grace Shie
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On Friday, October 11, 2019, a federal judge in New York enjoined implementation of a final rule aimed at excluding from the United States aliens who have used public assistance programs, including in-kind assistance such as housing subsidies and health benefits. Finding that the Trump administration had likely exceeded its authority, Judge George B. Daniels (SDNY) issued a nationwide preliminary injunction that blocks the Rule from going into effect as scheduled tomorrow. 

As discussed in our prior Legal Update, the Immigration and Nationality Act of 1952 (INA) and implementing regulations have long included grounds of inadmissibility and removal designed to limit access to public benefits by immigrants and nonimmigrants. Under the INA, foreign nationals found to be, or likely to become, a public charge may be denied admission to the United States, prevented from becoming a lawful permanent resident, or found subject to removal. The new rule defines a

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