Public Charge Litigation Tracker (Updated 12/01/20)
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Last Updated December 01, 2020
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EFFECTIVE DATE NATIONWIDE IS FEBRUARY 24, 2020

ON NOVEMBER 2, 2020, THE USDC ND IL GRANTED SUMMARY JUDGEMENT AND VACATED THE RULE NATIONALLY PURSUANT TO APA CLAIMS

ON NOVEMBER 3, 2020, THE 7th CIRCUIT STAYED THE NOV. 2 USDC ND IL VACATUR OF THE DHS PC RULE PENDING APPEAL

(Also, there is still litigation pending, in multiple jurisdictions)
PUBLIC CHARGE LITIGATION TRACKER(Related Litigation re: FAM, Healthcare proclamation (BLOCKED 11/26/19) is on the second sheet)Know something we don't? Reach out to Liz Schott at schott@cbpp.org or Mario Paredes at mparedes@mlri.org
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NicknameSF/Santa Clara Counties14-state (WA AG)4-state + DC (CA AG)La Clinica de la RazaNY/NYC/CT/VT (NY AG)Make the RoadCasa de Maryland Cook County Gaithersburg
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StatusPreliminary Injunction stayed by 9th Circuit (12/5/19)Preliminary Injunction stayed by 9th Circuit (12/5/19)Preliminary Injunction stayed by 9th Circuit (12/5/19)

Motion to dismiss is denied in part, granted in part, and deferred ruling in part (August 3, 2020)
Original complaint amended to include the exacerbated harms of the new Public Charge Rule in the context of COVID-19 (May 20, 2020)

Motion to dismiss is denied in part, granted in part, and deferred ruling in part (August 7, 2020)


Government filed petition for writ of certiorari at SCOTUS (10/7/20)

2nd Circuit narrowed the COVID nationwide preliminary injunction (7/29/20) to apply only to NY, CT, VT (Aug 12, 2020). Subsequently stayed the injunction (Sept. 11, 2020).

Original preliminary injunction (10/11/19) affirmed by 2nd Cir, modified to limit scope to 2nd Cir - automatically stayed (August 4, 2020).
Government filed petition for writ of certiorari at SCOTUS (10/7/20)

2nd Circuit narrowed the COVID nationwide preliminary injunction (7/29/20) to apply only to NY, CT, VT (Aug 12, 2020). Subsequently stayed the injunction (Sept. 11, 2020).

Original preliminary injunction (10/11/19) affirmed by 2nd Cir, modified to limit scope to 2nd Cir - automatically stayed (August 4, 2020)
4th Circuit reversed the 10/14/19 judgement made by USDC MD which had ordered a nationwide preliminary injunction blocking the administration’s public charge rules 8/15/207th Circuit stayed the Nov. 2 USDC ND IL vacatur of the rule pending appeal (11/3/20)

USDC ND IL granted summary judgedment and vacated the regulations (nationally) pursuant to the APA claims and will allow litigation to continue on the equal protection claim (11/2/20)

Government filed petition for writ of certiorari at SCOTUS (10/7/20)

7th Circuit REAFFIRMS IL injunction against the public charge rule - automatically stayed (6/10/2020)
Defendants' reply to opposition filed (7/9/20)
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PlaintiffsSanta Clara County; San Francisco CountyWASHINGTON; VIRGINIA; COLORADO; DELAWARE; ILLINOIS; MARYLAND; MASSACHUSETTS; MICHIGAN; MINNESOTA; NEVADA; NEW JERSEY; NEW MEXICO; RHODE ISLAND; HAWAII (additional state plaintiff added on 9/5/19)California, Maine, Pennsylvania, Oregon, DCLA CLINICA DE LA RAZA; CALIFORNIA PRIMARY CARE ASSOCIATION; MATERNAL AND CHILD HEALTH ACCESS; FARMWORKER JUSTICE; COUNCIL ON AMERICAN ISLAMIC RELATIONS-CALIFORNIA; AFRICAN COMMUNITIES TOGETHER; LEGAL AID SOCIETY OF SAN MATEO COUNTY; CENTRAL AMERICAN RESOURCE CENTER, and KOREAN RESOURCE CENTERSTATE OF NEW YORK, CITY OF NEW YORK, STATE OF CONNECTICUT, and STATE OF VERMONTMAKE THE ROAD NEW YORK, AFRICAN SERVICES
COMMITTEE, ASIAN AMERICAN FEDERATION,
CATHOLIC CHARITIES COMMUNITY SERVICES
(ARCHDIOCESE OF NEW YORK), and CATHOLIC
LEGAL IMMIGRATION NETWORK, INC.
CASA de Maryland, Inc.
ANGEL AGUILUZ and MONICA CAMACHO
PEREZ

MAYOR AND CITY COUNCIL OF
BALTIMORE is now a co-plaintiff in the Casa de Maryland case (3/16/20)
Cook County and the Illinois Coalition for Immigrant and Refugee Rights (ICIRR)CITY OF GAITHERSBURG, MARYLAND; STATE SENATOR JEFF WALDSTREICHER; FRIENDS OF IMMIGRANTS; JEWISH COMMUNITY RELATIONS COUNCIL OF GREATER WASHINGTON; THE JEWISH COUNCIL FOR PUBLIC
AFFAIRS

MAYOR AND CITY COUNCIL OF
BALTIMORE is now a co-plaintiff in the Casa de Maryland case (3/16/20)
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Listed Lead Plaintiff Attorney Herrera (City Attorney)Bob Ferguson (WA AG)XAVIER BECERRA (CA AG)Nicholas Espíritu NILCLETITIA JAMES AG of New YorkJohnathan H. Hurtzwitz at Paul Weiss; Ghita Schwarz at Center for Constitutional Rights; Susan Welber at Legal Aid SocietyJonathan L. Backer, Institute for Constitutional Advocacy and ProtectionKimberly Fox, Cook County's Illinois State AttorneyHarvey Reiter at Stinson Leonard Street, LLP
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Jurisdiction FiledUSDC N.D. CA
Appellate - 9th Circuit
USDC, E.D. WA
Appellate - 9th Circuit
USDC N.D. CA
Appellate - 9th Circuit
USDC N.D. CA
Appellate - 9th Circuit
USDC S.D. N.Y.
Appellate - 2nd Circuit
USDC S.D. NY
Appellate - 2nd Circuit
USDC MD
Appellate - 4th Circuit
USDC N.D. IL
Appellate - 7th Circuit
USDC MD
Appellate - 4th Circuit
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JudgeJudge Phyllis Hamilton (nominated in 2000 by Clinton) Judge Rosanna Malouf Peterson (Obama appointee)Judge Phyllis Hamilton (nominated in 2000 by Clinton) Judge Phyllis Hamilton (nominated in 2000 by Clinton) Judge George B. Daniels (appointed by Clinton in 2000)Judge George B. Daniels (appointed by Clinton in 2000) Paul W Grimm (appointed in 2012 by Obama)Gary Feinerman (appointed in 2010 by Obama) to Paul W Grimm (appointed in 2012 by Obama)
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Timeline of LitigationFiled complaint 8/13/19

PI motion filed 8/28/19, hearing 10/2/19

Government moved to stay injunction pending appeal 10/25/19

Government filed notice of Appeal 10/30/19

Preliminary Injunction stayed by 9th Circuit (12/5/19)

9th circ panel judges deny plaintiffs motions for reconsideration of stay (2/18/20)
Filed complaint 8/14/19

PI motion filed 9/6/19

PI Motion Granted 10/11/19

Government moved to stay injunction pending appeal 10/25/19

Government filed notice of Appeal 10/30/19

Preliminary Injunction stayed by 9th Circuit (12/5/19)

9th circ panel judges deny plaintiffs motions for reconsideration of stay (2/18/20)

Motion to dismiss filed (5/22/20)

Response to motion to dismiss (6/12/20)

Filed complaint 8/16/19

Preliminary injunction motion filed on 8/26/19, hearing 10/2/19

PI Motion Granted 10/11/19

Government moved to stay injunction pending appeal 10/25/19

Government filed notice of Appeal 10/30/19

PI Injunction stayed (12/5/19)

9th circ panel judges deny plaintiffs motions for reconsideration of stay (2/18/20)

Motion to dismiss filed (4/22/20)

Defendants' motion to dismiss is granted in part (to dismiss plaintiffs’ second cause of action for violation of the APA-contrary to Rehab Act, to dismiss plaintiffs’ third cause of action for violation of the APA - contrary to state healthcare discretion, to dismiss plaintiffs fifth cause of action for violation of the 5th am and to dismiss plaintiffs sixth cause of action for violation of the 5th am), denied in part (with respect to standing, ripeness, and zone of interest challenges), and deferred ruling in part (on defendants’ motion to dismiss plaintiffs’ first and fourth causes of action). (8/3/20)
Filed complaint 8/16/19

Preliminary injunction motion filed on 9/4/19, hearing 10/2/19

Government moved to stay injunction pending appeal 10/25/19

Government filed notice of Appeal 10/30/19

Plaintiffs have filed a motion challenging the completeness of the administrative record which will be heard on March 4, 2020

Defendants' motion to dismiss is granted in part (to dismiss plaintiffs’ third through sixth and eighth causes of action for violation of the
APA, FVRA, and Declaratory Judgment Act, as well as to dismiss plaintiffs’ seventh cause of action for violation of the Fifth Amendment), denied in part (with respect to standing, ripeness, and zone of interest challenges), and deferred ruling in part (on defendants’ motion to dismiss plaintiffs’ first and second causes of action) until the Ninth Cir. issues an opinion on the preliminary injunction or otherwise disposes of the case. (8/7/20)
Filed complaint 8/20/19

Preliminary injunction motion filed 9/9/19. Oral argument held 10/7/19.

Preliminiary Injunction granted 10/11/19

Government moved to stay injunction pending appeal 10/25/19

Government filed notice of Interlocutory Appeal 10/30/19

2nd Cir. - Hearing on the stay 1/7/20

Expedited Briefing Schedule - Must be Fully Briefed by 2/14/20

2nd Cir. DENIED THE STAY of the injunction 1/8/20

Government filed appeal of the denial of the stay to the Supreme Court

Oral Argument in 2nd Cir 3/2/20

Supreme Court stays the nationwide injunction 1/27/2020

Oral argument delayed until May 5. (3/16/20)

Filed motion to temporarily lift or modify stay and halt implementation of the public charge rule during the national emergency. (4/13/2020)

Supreme Court DENIED motion to temporarily lift or modify stay and halt implementation of the public charge rule during the national emergency (4/24/2020)

USDC SDNY issued a temporary injunction against the DHS Public Charge rule so long as there is a declared national emergency related to the COVID-19 pandemic. (7/29/20)

2nd Cir affirmed the original 10/11/19 USDC SNDY preliminary injunction blocking DHS public charge rule but limited the scope of injunction to 2nd Circuit (nationwide COVID-19 related injunction from 7/29/20 is still in effect) (8/4/20)

2nd Circuit narrowed the COVID nationwide preliminary injunction (7/29/20) to apply only to NY, CT, VT (8/12/20)

2nd Circuit stays the COVID nationwide preliminary injunction (9/11/20)

Government filed petition for writ of certiorari at SCOTUS (10/7/20)


Filed complaint 8/27/19

Preliminary injunction motion filed 9/9/19. Oral argument held 10/7/19.

Preliminiary Injunction granted 10/11/19

Government moved to stay injunction pending appeal 10/25/19

Government filed notice of Interlocutory Appeal 10/30/19

2nd Cir. - Hearing on the stay 1/7/20

Expedited Briefing Schedule - Must be Fully Briefed by 2/14/20

2nd Cir. DENIED THE STAY of the injunction 1/8/20


Government filed appeal of the denial of the stay to the Supreme Court

Oral Argument in 2nd Cir 3/2/20

Supreme Court stays the nationwide injunction 1/27/2020

Oral argument delayed until May 5. (3/16/20)

USDC SDNY issued a temporary injunction against the DHS Public Charge rule so long as there is a declared national emergency related to the COVID-19 pandemic. (7/29/20)

2nd Cir affirmed the original 10/11/19 USDC SNDY preliminary injunction blocking DHS public charge rule but limited the scope of injunction to 2nd Circuit (nationwide COVID-19 related injunction from 7/29/20 is still in effect) (8/4/20)

2nd Circuit narrowed the COVID nationwide preliminary injunction (7/29/20) to apply only to 2nd Cir (NY, CT, VT) (8/12/20)

2nd Circuit stays the COVID nationwide preliminary injunction (9/11/20)

Government filed petition for writ of certiorari at SCOTUS (10/7/20)
Filed complaint 9/16/19

Preliminary injunction motion filed 9/16/19, hearing on 10/10/19

Nationwide preliminary injunction granted 10/14/19

Government moved to stay injunction pending appeal 10/25/19

Government filed notice of Appeal 10/30/19

Motion to Stay the Injunction DENIED by district court 11/14/2019

Preliminary Injunction Stayed By 4th Circuit 12/9/2019

Judge Grimm held a conference call in both cases and denied DOJ's motion to stay proceedings pending disposition of the pending 4th circuit DOJ appeal of Judge Grimm's preliminary injunction in the CASA case. (3/13/20)

Consolidated motion to dismiss filed (5/27/20)

Opposition to motion to dismiss filed (6/24/20)

Defendants' reply to opposition filed (7/8/20)

4th Circuit reversed the 10/14/19 judgement made by USDC MD which had ordered a nationwide preliminary injunction blocking the administration’s public charge rules (8/15/20)
Filed complaint 9/24/19

PI hearing: 10/11/19

Government moved to stay injunction pending appeal 10/25/19

Government filed notice of Appeal 10/30/19

Motion to Stay Preliminary Injunction Denied by Circuit Court (12/23/19)

7th circuit DENIED renewed motion for stay of Illinois-only preliminary injunction (2/10/2020)

Supreme Court Stayed Injunction (2/21/20)

Transferred judges: From Peter Jo Messitte (Clinton appointee 1993) to Paul Grimm (3/16/20)

Government filed petition for writ of certiorari at SCOTUS (10/7/20)

USDC ND IL granted summary judgedment and vacated the regulations (nationally) pursuant to the APA claims and will allow litigation to continue on the equal protection claim (11/2/20)

7th Circuit stayed the Nov. 2 USDC ND IL vacatur of the rule pending appeal (11/3/20)
Filed complaint 9/27/19

Amended complaint filed (1/3/20)

Judge Grimm held a conference call in both cases and denied DOJ's motion to stay proceedings pending disposition of the pending 4th circuit DOJ appeal of Judge Grimm's preliminary injunction in the CASA case. (3/1/20)


Consolidated motion to dismiss filed (5/27/20)

Opposition to motion to dismiss filed (6/24/20)

Defendants' reply to opposition filed (7/9/20)

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PleadingsSF SC County ComplaintWA et al complaintCA et al ComplaintNILC et al complaintNY et al complaintNY Group ComplaintCasa de Maryland ComplaintCook County ComplaintBaltimore Complaint
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SF SC County PI MotionWA Preliminary Injunction Brief CA PI BriefPreliminary Injunction BriefNY PI BriefNY Group PI BriefCasa de Maryland PI BriefCook County PI Brief
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Appeal of denial of stay to Supreme CourtAppeal of denial of stay to Supreme Court
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Response to Governments Appeal of Denial of Stay to Supreme Court 1/22/20Response to Governments Appeal of Denial of Stay to Supreme Court 1/22/20
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OrdersCalifornia, Orgeon, DC, Maine, Pennsylvania wide injunction 10/11Nation wide preliminary injunction 10/11California, Orgeon, DC, Maine, Pennsylvania wide injunction 10/11California, Orgeon, DC, Maine, Pennsylvania wide injunction 10/11
Nation wide preliminary injunction 10/11
Nation wide preliminary injunction 10/11NATIONWIDE PRELIMINARY INJUNCTION GRANTED 10/14ILLINOIS-WIDE PRELIMINARY INJUNCTION 10/14
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INJUNCTION STAYED BY 9th CIRCUIT 12/5/19INJUNCTION STAYED BY 9th CIRCUIT 12/5/19INJUNCTION STAYED BY 9th CIRCUIT 12/5/19Motion to dismiss is denied in part, granted in part, and deferred ruling in part (August 7, 2020)Motion to stay the Injunction DENIED by district court 12/2/19.Motion to stay the Injunction DENIED by district court 12/2/19.INJUNCTION STAYED BY 4th CIRCUIT 12/9/2019 Motion to Stay the Injunction DENIED by district court 11/14
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Plaintiffs motions for reconsideration of stay denied by 9th Circuit (2/18/20)Plaintiffs motions for reconsideration of stay denied by 9th Circuit (2/18/20)Plaintiffs motions for reconsideration of stay denied by 9th Circuit (2/18/20)Motion to stay the Injunction DENIED by 2nd cir court 1/8/20.Motion to stay the Injunction DENIED by 2nd cir court 1/8/20.NATIONWIDE PRELIMINARY INJUNCTION REVERSED 08/15/20Motion to Stay the Injunction DENIED by Circuit court 12/23
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Motion to dismiss is denied in part, granted in part, and deferred ruling in part (August 3, 2020)Supreme Court - Concurrence in Staying the Preliminary Injunction 1/27/20Supreme Court - Concurrence in Staying the Preliminary Injunction 1/27/20SCOTUS Stays the Injunction in IL 2/21/20
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USDC S.D. N.Y. New Nationwide Preliminary Injunction 7/29/20USDC S.D. N.Y. New Nationwide Preliminary Injunction 7/29/207th Circuit REAFFIRMS IL injunction against the public charge rule - automatically stayed (6/10/2020)
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Original 10/11/19 preliminary injunction affirmed and limited in scope by 2nd Circuit - automatically stayed (8/4/20)Original 10/11/19 preliminary injunction affirmed and limited in scope by 2nd Circuit - automatically stayed(8/4/20)Government filed petition for writ of certiorari to SCOTUS (10/7/20)
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COVID nationwide preliminary injunction (7/29/20) narrowed by 2nd Circuit to apply only to NY, CT, VT (8/12/20)COVID nationwide preliminary injunction (7/29/20) narrowed by 2nd Circuit to apply only to NY, CT, VT (8/12/20)USDC ND IL granted summary judgedment and vacated the regulations (nationally) pursuant to the APA claims and will allow litigation to continue on the equal protection claim (11/2/20)
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COVID nationwide preliminary injunction (7/29/20) stayed by 2nd Circuit (9/11/20)COVID nationwide preliminary injunction (7/29/20) stayed by 2nd Circuit (9/11/20)7th Circuit stayed the Nov. 2 USDC ND IL vacatur of the rule pending appeal (11/3/20)
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Government filed petition for writ of certiorari at SCOTUS (10/7/20)Government filed petition for writ of certiorari at SCOTUS (10/7/20)
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Amicus Curiae on Motion to Stay (Submitted to Supreme Court)U.S. House of Representatives (AGAINST motion to stay)U.S. House of Representatives (AGAINST motion to stay)
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American Academy of Pediatrics and other physician associations (AGAINST motion to stay)
American Academy of Pediatrics and other physician associations (AGAINST motion to stay)
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Immigration Law Reform Institute (FOR motion to stay)Immigration Law Reform Institute (FOR motion to stay)
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Amicus Curiae In Support of Preliminary InjunctionCitiesChild and Maternal HealthAsian Pacific IslanderAsian Pacific IslanderChild and Maternal HealthChild and Maternal HealthHealth Law Advocates
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Congressional Tri-Caucus MembersSurvivors of Domestic Violence and Sexual AssaultJustice in AgingSeniors and Older AmericansAsian Pacific IslanderAsian Pacific IslanderAntiDomestic Violence Advocates
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Asian Pacific IslanderPeople with DisabilitiesCongressional Tri-Caucus MembersPublic HealthPeople with DisabilitiesPeople with DisabilitiesAmerican Public Health Association
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Seniors and Older AmericansEconomic ImpactMembers of Congress- Judy ChuEconomic ImpactEconomic Impact
Tech Companies (4th Circuit Amicus)
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Health Care AdvocatesHealth Care AdvocatesHealth Care Advocates
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HospitalsHousing and NutritionHousing and Nutrition
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Seniors and Older AmericansSeniors and Older AmericansJustice in Aging
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Public HealthPublic Health
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Congressional Tri-Caucus MembersCongressional Tri-Caucus Members
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Key Claims2 counts4 counts6 counts 4 counts5 counts4 counts4 Counts4 Counts6 Counts
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APA - contrary to various statutes: INA and SNAP

APA: arbitrary and capricious and abuse of discretion for various bases
APA - contrary to various cited statutes inlcuding INA, IIRIRA, PRWORA, Sec. 504, SNAP

APA - ultra vires by extending public charge to extension of stay or change of status

APA - arbitrary and capricious, list 20+ specific aspects
APA -Contrary to law, INA and IIRIRA - beyond public charge language

APA and Rehabilitation Act - Contrary to law, section 504

Contrary to law, state health care discretion

APA- Arbitrary and capricious, not sufficient reasons
APA - Contrary to INA (public charge) def in statute

APA- Arbitary and capricious or not in accordance with law for several reasons

Issued by an unlawfully appointed agency director
APA - exceeds statutory authority (public charge provisions)

APA- not in accordance with law: 504, SNAP, PRWORA

APA - arbitrary and capricious

APA- without observance of procedure required by law, includes not quantifying harm
APA - abuse of power, contrary to definition of public charge found in INA

APA - claim that the notice-and-comment was procedurally arbitrary and capricious

APA - exceeds statutory authority in the INA
APA - Not in Accordance with Law
and Beyond Statutory Authority

APA - arbitrary and capricious - including failure to respond/consider adequetly the comments on the proposed rule

APA - exceeds statutory authority

APA - not in accordance with law: Section 504 of the Rehabilitation Act of 1973, PRWORA, IIRIRA, SNAP statute, INA definition of public charge in sections 212(a)(4),
202(a)(1), and 212 (a)(1).

APA - arbitrary and capricious - not a reasoned analysis for the change or a reasoned response to the comments submitted
APA - arbitrary and capricious - inadequately justified

APA - arbitrary and capricious - inadequate cost benefit analysis

APA - arbitrary and capricious - counter to the evidence before the agency, disregards material facts and evidence

APA - arbitrary and capricious - failed to meaninfully address comments re: credit reports not being a reliable basis for determining self-reliance of immigrants

APA - without observance of procedure required by law - ie giving notice of substance of rule, an opportunity to participate, then the rule must be a logical out-growth
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Equal protection (5th amend), discrimination motivated on the basis of race, ethnicity, or national origin
Equal protection (5th amend)
based on race and on animus against a politically unpopular group
Equal protection (5th amend) based on animus against non-white immigrants
Equal protection (5th Amend), motivated by discriminatory animus toward Latinos and immigrant communities of color

Equal Protection (5th Amendment) - discriminated based on national orgin, ethnicity, and race
5th amendment, violates Due process because it is so vauge as to be unconsitutional

Equal Protection (5th amendment) the rule was motivated at least in part by discrimination on the basis or race, ethnicity, and national origin
Equal protection (5th Amendment) - discriminates on the basis of race, disparately impacts latino and non-white immigrants (Just Plaintiff ICIRR)Equal protection (5th Amendment) - discriminates on the basis of race, ethnicity, national origin, and nationality
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Relief SoughtDeclaratory and injunctive relief Vacate rule, enjoin ruleDeclaratory and injunctive relief Declaratory and injunctive relief Declaratory and injunctive relief declaratory and injuctive reliefdeclaratory and injunctive reliefDeclaratory and injunctive relief Declaratory and injunctive relief
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