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Dear Active Members & Allies,
We’re writing to share some exciting news! Today, the Northern District Court of Illinois struck down the U.S. Department of Homeland Security (DHS) public charge regulation, blocking the rule nationwide!
What does it mean?
A Federal District Court Judge in Illinois has issued a ruling that stops DHS’s public charge regulations nationwide. In a case brought by our partners at the Illinois Coalition for Immigrant and Refugee Rights (ICIRR) and Cook County, IL, the judge vacated the regulations as being substantively and procedurally invalid under the Administrative Procedure Act (APA). The court’s decision was issued in response to the parties’ motion for summary judgment, under which a decision is made without holding a trial.
The parties also brought a claim that the regulations violated the Constitution’s Equal Protection Clause, under which they sought additional remedies, including a permanent injunction enjoining DHS and its officials from implementing and enforcing the regulations. The case on the Equal Protection claims will continue. The injunctions putting on hold the Department of State public charge regulation and the President’s Health Insurance Proclamation also remain in place.
Please see the following press release from our partners at the Protecting Immigrant Families – Illinois coalition: PIF-IL Press Statement.
What’s next?
The fight is not yet over. This latest decision may be appealed to the Seventh Circuit and potentially to the U.S. Supreme Court. And multiple cases, in addition to this one, continue. Stay tuned for more updates from the PIF campaign. We will follow up with more resources, but below are some topline talking points:
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As long as the Northern District Court of Illinois decision remains in place, the public charge regulation continues to be blocked nationwide.
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We ask immigrant families to get the facts. Our Know Your Rights document of key public charge messages for community members remains an accurate source of information under any version of the regulations.
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