A federal judge in Illinois yesterday ruled the Department of Homeland Security’s public charge rule was invalid because it violated the Administrative Procedure Act. As a result, the court vacated the rule and prevented DHS implementation nationwide. While the court recognized that nationwide bans of the rule have been overturned in other cases, those cases were still at a preliminary stage of consideration by the courts. This ruling was a final decision on the merits of the case. “By the APA’s plain terms ... an agency rule found unlawful in whole is not ‘set aside’ just for certain plaintiffs or geographic areas; rather, the rule ‘shall’ be ‘set aside,’ period.”

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. 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.

 

Related News Articles

Chairperson's File
Public
One of the most rewarding parts of being an AHA member and serving on the board is building relationships with other leaders who share a passion for making…
Headline
The AHA Dec. 11 expressed support for the reintroduction of the Future Advancement of Academic Nursing, bicameral legislation that would increase nursing…
Headline
The Centers for Medicare & Medicaid Services released guidance Dec. 8 for states implementing Medicaid community engagement requirements outlined by the…
Chairperson's File
Public
For more than 30 years, the 340B Drug Pricing Program has provided financial help to hospitals serving vulnerable communities to manage rising prescription…
Headline
The Centers for Medicare & Medicaid Services Nov. 14 released preliminary guidance to states on implementing provider tax provisions in the One Big…
Headline
The House is expected to begin a final vote Nov. 12 on the Senate-backed funding package, bringing a potential end to the government shutdown one step closer.…