Judge bars enforcement of public charge rule during COVID-19 emergency

A federal judge in New York yesterday prevented the Department of Homeland Security from continuing to implement its public charge rule during the COVID-19 public health emergency and issued a nationwide injunction.

The rule limits the ability of legal immigrants to adjust or extend their immigration status or gain full citizenship based on their receipt of public benefits, including Medicaid. The New York court acted on a newly filed request stressing the unique and specific circumstances of COVID-19. 

Although the Supreme Court previously placed a stay on prior nationwide injunctions, that did not foreclose this latest request from the plaintiffs.

In a friend-of-the court brief in support of California’s challenge to the rule, AHA and five other national hospital groups said immigrants are less likely to enroll their children in public programs, even if their children are U.S. citizens, when they perceive it to place their immigration status at risk.