Court Denies Trump Request to Lift Last Remaining Nationwide “Public Charge” Injunction

Rule Change Remains Blocked, Protecting Millions of Low-Income Immigrant Families

January 8, 2020, New York, NY – Today, the Second Circuit Court of Appeals issued an order denying the government’s request for a stay of the preliminary injunction blocking a Department of Homeland Security rule that would dramatically change the rules on public charge from going into effect. The injunction issued by the S.D.N.Y. court is the only nationwide injunction protecting low-income clients from the destructive policy nationwide. The lawsuit, Make the Road New York v. Cuccinelli, was filed by the Center for Constitutional Rights, The Legal Aid Society, and Paul, Weiss, Rifkind, Wharton & Garrison LLP on behalf of Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network (CLINIC). New York State Attorney General Letitia James, joined by the States of Connecticut and Vermont and the City of New York, filed a separate lawsuit challenging the rule.

The Make the Road New York v. Cuccinelli litigation team and lead plaintiff Make the Road New York released the following statement:    

“Today, the court rejected the Trump administration’s claims that it cannot wait to implement its dangerous and discriminatory public charge policy change. We are pleased that the Second Circuit upheld Judge Daniels’ decision, which is grounded in the clear intent of Congress and the consistent history of the Immigration and Nationality Act. We look forward to continuing our fight in court until a final decision is reached on the legality of the rule change, and we are thrilled that immigrants across the country remain protected.”

For more information, see the Center for Constitutional Rights case page for Make the Road New York v. Cuccinelli

Make the Road New York (MRNY) builds the power of immigrant and working class communities to achieve dignity and justice through organizing, policy innovation, transformative education, and survival services. We have 23,000+ members and operate five community centers in Bushwick, Brooklyn; Jackson Heights, Queens; Port Richmond, Staten Island; Brentwood, Long Island; and White Plains, Westchester County. On Twitter: @MaketheRoadNY 

The Legal Aid Society exists for one simple yet powerful reason: to ensure that New Yorkers are not denied their right to equal justice because of poverty. For over 140 years, we have protected, defended, and advocated for those who have struggled in silence for far too long. Every day, in every borough, The Legal Aid Society changes the lives of our clients and helps improve our communities.

The Center for Constitutional Rights works with communities under threat to fight for justice and liberation through litigation, advocacy, and strategic communications. Since 1966, the Center for Constitutional Rights has taken on oppressive systems of power, including structural racism, gender oppression, economic inequity, and governmental overreach. Learn more at


Last modified 

January 8, 2020