Public Charge Amicus Briefs

States: California, Washington, New York, Illinois

Filed: 2019

Courts: Northern District of California, Southern District of New York, Eastern District of Washington, Northern District of Illinois

Overview: A coalition of national disability advocacy groups filed four amicus briefs in support of litigation to stop the U.S. Department of Homeland Security (DHS) from implementing its new “public charge” rule. Twenty-one states–led by California, Washington, and New York–as well as Cook County, Illinois, have filed cases against the Trump Administration to block the new rule. The advocacy groups – representing tens of thousands of people with disabilities and their families across the country – claim that the new public charge rule will prevent people with disabilities from entering this country or becoming legal residents in violation of federal disability law.

Status: The U.S. Supreme Court has lifted the nationwide injunction, allowing the rule to be implemented while the substance of the rule is challenged in court.

Case Documents

Briefs:
California v. U.S. Department of Homeland Security (District Court)
New York v. U.S. Department of Homeland Security (District Court) 
Washington v. U.S. Department of Homeland Security (District Court)
Cook County, Illinois v. U.S. Department of Homeland Security (District Court)
California v. U.S. Department of Homeland Security (Ninth Circuit)
New York v. U.S. Department of Homeland Security (Second Circuit)
Washington v. U.S. Department of Homeland Security (Ninth Circuit)
Cook County, Illinois v. U.S. Department of Homeland Security (Seventh Circuit)

Decisions:
California v. U.S. Department of Homeland Security (granting preliminary injunction in plaintiff states but finding no specific disability discrimination)
Cook County, IL v. U.S. Department of Homeland Security (granting preliminary injunction in Illinois and not directly addressing the disability discrimination claims)
New York v. U.S. Department of Homeland Security (granting nationwide preliminary injunction and finding potential disability discrimination)
Washington v. U.S. Department of Homeland Security (granting nationwide preliminary injunction and finding likely disability discrimination)

Related Media

Press Release: The Arc Applauds Federal Injunctions Against Public Charge Rule

Press Release: Disability Advocacy Groups File Amicus Brief Opposing the Administration’s Public Charge Rule as Illegal Disability Discrimination

Press Release: Supreme Court Lifts Stay on Public Charge Rule: Implementation Will Have Chilling Impact on People with Disabilities

The Hill: Disability rights groups join challenge to ‘public charge’ rule