The Progressive


A project of Common Dreams

For Immediate Release

Daniel Altschuler, (917) 494-5922,
Alejandra Lopez, The Legal Aid Society, (917) 294-9348,
Jen Nessel, Center for Constitutional Rights, (212) 614-6449,

Court Denies Trump Request to Lift Last Remaining Nationwide "Public Charge" Injunction

Rule Change Remains Blocked, Protecting Millions of Low-Income Immigrant Families


Today, the Second Circuit Court of Appeals issued an order denying the government's request for a stay of the preliminary injunction blocking a Department of Homeland Security rule that would dramatically change the rules on public charge from going into effect. The injunction issued by the S.D.N.Y. court is the only nationwide injunction protecting low-income clients from the destructive policy nationwide. The lawsuit, Make the Road New York v. Cuccinelli, was filed by the Center for Constitutional Rights, The Legal Aid Society, and Paul, Weiss, Rifkind, Wharton & Garrison LLP on behalf of Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network (CLINIC). New York State Attorney General Letitia James, joined by the States of Connecticut and Vermont and the City of New York, filed a separate lawsuit challenging the rule.

The Make the Road New York v. Cuccinelli litigation team and lead plaintiff Make the Road New York released the following statement:

"Today, the court rejected the Trump administration's claims that it cannot wait to implement its dangerous and discriminatory public charge policy change. We are pleased that the Second Circuit upheld Judge Daniels' decision, which is grounded in the clear intent of Congress and the consistent history of the Immigration and Nationality Act. We look forward to continuing our fight in court until a final decision is reached on the legality of the rule change, and we are thrilled that immigrants across the country remain protected."

For more information, see the Center for Constitutional Rights case page for Make the Road New York v. Cuccinelli.

The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.

(212) 614-6464