Dear Allies,
 

This morning, the 2nd Circuit Court of Appeals denied the Trump Administration’s motion to stay (or temporarily lift) the New York District Court’s injunction of the public charge regulation while the appeal advances. In other words, a nationwide preliminary injunction is still in place, and DHS’s public charge rule is still blocked from taking effect.

In the last few weeks, the 7th Circuit also denied the federal government’s request to stay the Illinois-only preliminary injunction, but the 9th and 4th Circuits both granted the Trump Administration’s request to stay the nationwide preliminary injunctions. 

What's Next?

• The federal government’s appeals to overturn the multiple preliminary injunctions that block the DHS rule from taking effect are ongoing in multiple appellate courts, including the Second Circuit. These cases are moving on expedited schedules and we could have decisions on these appeals in a couple of months. 

• We know that many of you may have questions. Please join us for a short all-campaign call TOMORROW (1/9) at 3pm ET/ 12pm PT. A member of the NILC litigation team will provide an overview of what this decision means and the anticipated timeline for public charge litigation efforts moving forward.

Topline Talking Points:

• The public charge rule continues to be blocked nationwide. 

• The Second Circuit has allowed the lower court's ruling to continue pending the expedited appeal in that case. That ruling continues to block the public charge regulation from becoming effective nationwide, safeguarding the ability of millions of immigrants and their families to thrive here in our nation.

• We ask immigrant families to get the facts — Trump wants you to be afraid, but with the right information, you can make the best choice for your family. 

Messaging for Immigrant Families:

• The public charge regulation remains blocked nationwide. For now, the public charge rules in the U.S. have not changed. Use this time to educate yourself about what this rule is, and how it may affect your community. 

• Educate and empower yourself. An informed community is a strong community. Make sure you raise your voice against this rule and for immigrant inclusive policies. 

• Mobilize. Ultimately, we need Congress to step into the fight to protect immigrant families. Regardless of how the courts rule, we must continue to demand dignity and fairness for all our families. 

We’ll be in touch with additional information when we get it. 

Jenny Rejeske, National Immigration Law Center
Madison Allen, Center for Law and Social Policy
Protecting Immigrant Families Campaign