On November 2, 2020, the district court in Cook County,
Illinois, et al v. Wolf et. al., granted summary judgment in
favor of plaintiffs who claim that the Department of Homeland
Security's (DHS) latest incarnation of the Public Charge Rule
violates the Administrative Procedure Act ("APA"), 5
U.S.C. § 701 et. seq. As outlined in previous
posts*, the new Public Charge Rule was initially set to take
effect on October 15, 2019, but has seen numerous challenges
leading to this latest halt to its implementation. The Rule greatly
expands the ability for immigration officials to deny entry or
legal status to individuals that have accepted public benefits or
are likely to do so in the future, and has resulted in the addition
of multiple measures to collect information not only about the
receipt of public benefits, but applicants' financial solvency,
credit scores, and health care coverage status.
