Groups Respond to Trump’s “Desperate” Appeal to Supreme Court to Lift Order Blocking “Public Charge” Immigration Rule

January 14, 2020, New York – After losing on an emergency stay motion in the Second Circuit Court of Appeals last week, the Trump administration filed a motion with the Supreme Court last night asking that the injunction barring implementation of its Public Charge rule, also known as the immigration wealth test, be lifted before the injunction is due to be argued in the Second Circuit on expedited appeal. The litigation team (the Center for Constitutional Rights, The Legal Aid Society, and the law firm of and Paul, Weiss, Rifkind, Wharton & Garrison LLP) and the lead plaintiff (Make the Road New York) issued the following statement:

The Trump administration is grasping at straws in their desperate attempt to expedite implementation of their racist wealth test for immigrants even before the government’s appeals have been heard by the circuit courts. We hope that the Supreme Court sees this motion for what it truly is and immediately denies it. Now, more than ever, it is critical that the public charge policy, which the lower courts called ‘repugnant to the American Dream of prosperity and opportunity through hard work and upward mobility,’ continues to be blocked.

Every day our injunction remains in effect, it protects millions of hard-working immigrant families across the nation.

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 (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 14, 2020