Groups File Motion in U.S. Supreme Court to Continue Blocking “Public Charge” Immigration Rule

Justices to Decide Whether to Hear Trump Administration’s Appeal to Lift Preliminary Injunction Protecting Millions of Immigrant Families

January 22, 2020, New York
– Today, advocates filed a brief in the United States Supreme Court opposing the U.S. Department of Homeland Security’s appeal to lift the last remaining nationwide “public charge” preliminary injunction, secured in Make the Road New York v. Cuccinelli. On January 8, the Second Circuit Court of Appeals denied the Trump Administration’s motion to stay the injunction and allow implementation of its “public charge” rule before an expedited appeal is fully considered by the Second Circuit. 

The litigation team (the Center for Constitutional Rights, The Legal Aid Society, and the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP) submitted a brief to the U.S. Supreme Court on behalf of five immigrant rights organizations, including lead plaintiff, Make the Road New York. The following is an excerpt:  

“As the district court found, allowing defendants [the Department of Homeland Security] to implement the radical changes they propose would cause irreparable injury to plaintiffs and grave, widespread harm to immigrants, their families, and the public health. Four courts of appeals, including the Second Circuit, are already addressing the issues presented by this application, all on an expedited basis. Those appeals will be fully briefed in a matter of weeks.”

Make the Road New York v. Cuccinelli was filed on behalf of Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network, Inc. (CLINIC). 


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 22, 2020