Public Charge Litigation Tracker (Updated 9/18/19)
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Last Updated September 18, 2019
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PUBLIC CHARGE LITIGATION TRACKERKnow something we don't? Reach out to Liz Schott at schott@cbpp.org or Kristen Tully at ktully@mlri.org
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NicknameSF/Santa Clara Counties14-state (WA AG)4-state + DC (CA AG)NILC/NHELP/WCLP/AAAJNY/NYC/CT/VTMake the RoadCasa de Maryland
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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
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PleadingsSF SC County ComplaintWA et al complaintCA et al ComplaintNILC et al complaintNY et al complaintNY Group ComplaintCasa de Maryland 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 Brief
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Amicus Curiae29 Local/City GovernmentsAnti-domestic Violence and Sexual AssaultAsian Americans Advancing JusticeAsian Americans Advancing JusticeAsian Americans Advancing JusticeAsian Americans Advancing Justice
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National Housing Law Project[Proposed] Amici by ACLU/Disability Advocacy GroupsNational Housing Law ProjectNational Housing Law Project [NOT ACCEPTED]National Housing Law ProjectNational Housing Law Project
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Health Law AdvocatesJustice in AgingHealth Law AdvocatesJustice in AgingPublic Health Groups
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Justice in AgingMembers of Congress- Judy ChuJustice in Aging
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American Hospital Association [NOT ACCEPTED]
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Public Health
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Justice in Aging
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American Academy of Pediatrics [NOT ACCEPTED]
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Anti-Domestic Violence [NOT ACCEPTED]
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Fiscal Policy Institute
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Morten Rosenberg [NOT ACCEPTED]
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Listed Lead Plaintiff Attorney Dennis Herrera (SF City Attorney)Bob Ferguson (WA AG)XAVIER BECERRA (CA AG)Nicholas Espíritu NILCLETITIA JAMES Attorney General of the State of New YorkJohnathan H. Hurtzwitz at Paul WeissJonathan L. Backer, Institute for Constitutional Advocacy and Protection
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Jurisdiction FiledUSDC N.D. CAUSDC, E.D. WAUSDC N.D. CAUSDC N.D. CAUSDC S.D. N.Y.USDC S.D. NYUSDC MD
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JudgeJudge Phyllis Hamilton as of 8/28 ( nominated in 2000 by Clinton) Judge Rosanna Malouf Peterson (Obama appointee)Judge Phyllis Hamilton as of 9/3 (nominated in 2000 by Clinton) Judge Phyllis Hamilton as of 9/5 (nominated in 2000 by Clinton) Judge George B. Daniels (appointed by Clinton in 2000)Judge George B. Daniels (appointed by Clinton in 2000) as of 9/10
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Key Claims2 counts4 counts6 counts 4 counts5 counts4 counts4 Counts
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APA - contrary to various statutes: INA and SNAP APA - contrary to various cited statutes inlcuding INA, IIRIRA, PRWORA, Sec. 504, SNAPContrary to law, INA and IIRIRA - beyond public charge languageContrary to INA (public charge) def in statuteAPA - exceeds statutory authority (public charge provisions)APA - arbitrary, capricious, abuse of power, contrary to definition of public charge found in INAAPA - Not in Accordance with Law
and Beyond Statutory Authority
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APA: arbitrary and capricious and abuse of discretion for various basesAPA - ultra vires by extending public charge to extension of stay or change of statusContrary to law, section 504Arbitary and capricious or not in accordance with law for several reasonsAPA- not in accordance with law: 504, SNAP, PRWORAAPA - claim that the notice-and-comment was procedurally arbitrary and capriciousAPA - arbitrary and capricious - including failure to respond/consider adequetly the comments on the proposed rule
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APA - arbitrary and capricious, list 20+ specific aspectsContrary to law, state health care discretion (but is this still applicable under final rule?)Equal protection (5th amend) based on animus against non-white immigrantsAPA - arbitrary and capricious for various basesAPA - exceeds statutory authority in the INA5th amendment, violates due process because it is so vague as to be unconstitutional
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Equal protection (5th amend), discrimination motivated on the basis of race, ethnicity, or national originArbitrary and capricious, not sufficient reasonsIssued by an unlawfully appointed agency directorAPA- without observance of procedure required by law, includes not quantifying harm5th Amendment Due Process and Equal Protection (discriminated based on national orgin, ethnicity, and race)5th amendment equal protectionbecause the rule was motivated at least in
part by an intent to discriminate on the basis of race, ethnicity, and
national origin.
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Equal protection (5th amend) based on race and in another count based on animus against a politically unpopular groupEqual protection (5th Amend), motivated by discriminatory animus toward Latinos and immigrant communities of color
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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 relief
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StatusFiled complaint 8/13/19Filed complaint 8/14/19Filed complaint 8/16/19Filed complaint 8/16/19Filed complaint 8/20/19Filed complaint 8/27/19Filed complaint 9/16
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PI motion filed 8/28/19, hearing 10/2 (9:00am)PI Motion filed 9/6/19, hearing 10/3/2019 (10:00 AM)Preliminary injunction motion filed on 8/26, hearing 10/2 (9:00am).

Case management conference 11/14/2019.
Preliminary injunction motion filed on 9/4, hearing 10/2 (9:00am)Preliminary injunction motion filed 9/9. Oral argument is scehduled for October 7.
Preliminary injunction motion filed 9/9. Oral argument is scehduled for October 7. Preliminary injunction motion filed 9/16
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