Public Charge Amicus Briefs

States: California, Washington, New York

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: All courts have blocked the public charge rule via preliminary injunctions.

Case Documents

Briefs:
California v. U.S. Department of Homeland Security
New York v. U.S. Department of Homeland Security 
Washington v. U.S. Department of Homeland Security
Cook County, Illinois v. U.S. Department of Homeland Security

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

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