Make the Road New York v. Cuccinelli

At a Glance

Date Filed: 

August 27, 2019

Current Status 

On October 11, 2019, a federal court granted plaintiffs' motion and issued a preliminary injunction, stopping DHS from enforcing the rule nationwide.

Co-Counsel 

The Legal Aid Society, Paul, Weiss, Rifkind, Wharton & Garrison LLP

Client(s) 

Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network

Case Description 

Since taking office, the Trump administration has been committed in its attack against low-income immigrants of color. One of its priorities has been to transform the system of family-based immigration by redefining millions of immigrants as future public charges and to deny them green cards as a result. In response to the administration's release of "Inadmissibility on Public Charge Grounds," a rule seeking to vastly expand the number of individuals denied green cards, Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network filed a case seeking to prevent the rule from ever taking effect.

The rule raises the income, language, and wealth requirements for immigrants seeking to become permanent residents, and penalizes immigrants for even the most minimal use of public benefits such as Medicaid. Our plaintiffs have devoted immense resources to educating their constituent communities about the effects of the rule and have documented the widespread fear the rule has already caused, with many immigrants disenrolling from crucial nutritional, health, and housing assistance. It will cause particular harm to Latinx, Black, Asian, and disabled immigrants.
 
Filed in the Southern District of New York, Make the Road New York v. Cuccinelli claims violations of the Administrative Procedure Act's prohibition on arbitrary and capricious rulemaking, and alleges that the rule is contrary to the Immigration and Nationality Act, the Rehabilitation Act, and the Fifth Amendment's Equal Protection principles. It is part of CCR's tradition of fighting for immigrants' rights and economic justice.  

Case Timeline

October 7, 2020
Defendants file petition for cert with Supreme Court to challenge Second Circuit's August 4 decision
October 7, 2020
Defendants file petition for cert with Supreme Court to challenge Second Circuit's August 4 decision
October 2, 2020
Plaintiffs file amended complaint
October 2, 2020
Plaintiffs file amended complaint
September 11, 2020
Second Circuit stays July 29 injunction
September 11, 2020
Second Circuit stays July 29 injunction
August 12, 2020
Second Circuit limits July 29 injunction to NY, CT, VT
August 12, 2020
Second Circuit limits July 29 injunction to NY, CT, VT
The Second Circuit issues an administrative order limiting the injunction granted on July 29th to New York, Connecticut and Vermont. The injunction is stayed in the rest of the country, pending review of the court.
August 4, 2020
Second Circuit affirms district court's issuance of preliminary injunction, modifying nationwide injunction to NY, CT and VT.
August 4, 2020
Second Circuit affirms district court's issuance of preliminary injunction, modifying nationwide injunction to NY, CT and VT.
May 12, 2020
Defendants file opposition to motion for PI and stay or TRO pending national emergency
May 12, 2020
Defendants file opposition to motion for PI and stay or TRO pending national emergency
April 28, 2020
Plaintiffs file motion for preliminary injunction and stay or temporary restraining order pending national emergency
April 28, 2020
Plaintiffs file motion for preliminary injunction and stay or temporary restraining order pending national emergency
April 13, 2020
Motion filed with Supreme Court to stop implementation of public charge rule
April 13, 2020
Motion filed with Supreme Court to stop implementation of public charge rule
In response to the unprecedented health and economic disaster caused by the global COVID-19 pandemic, the New York State Attorney General filed a motion in the Supreme Court on behalf of the New York State, New York City, Connecticut and Vermont, with factual support provided by plaintiffs and other immigrants' rights organizations. The motion asks the Court to temporarily lift or modify the stay of the nationwide injunction and to stop implementation of the new Public Charge Rule until the end of the pandemic.
March 6, 2020
Defendants file reply in support of their motion to dismiss
March 6, 2020
Defendants file reply in support of their motion to dismiss
March 3, 2020
U.S. House of Representatives files amicus brief in opposition to defendants' motion to dismiss in Southern District of New York
March 3, 2020
U.S. House of Representatives files amicus brief in opposition to defendants' motion to dismiss in Southern District of New York
February 28, 2020
Plaintiffs file opposition to the motion to dismiss
February 28, 2020
Plaintiffs file opposition to the motion to dismiss
February 14, 2020
Defendants' file Motion to Dismiss
February 14, 2020
Defendants' file Motion to Dismiss
February 14, 2020
Defendants file reply in support of their appeal of the preliminary injunction
February 14, 2020
Defendants file reply in support of their appeal of the preliminary injunction
January 27, 2020
Plaintiffs file reply to government's appeal of preliminary injunction
January 27, 2020
Plaintiffs file reply to government's appeal of preliminary injunction
January 24, 2020
Plaintiffs file opposition to government's appeal of preliminary injunction
January 24, 2020
Plaintiffs file opposition to government's appeal of preliminary injunction
January 22, 2020
Plaintiffs file stay opposition with Supreme Court
January 22, 2020
Plaintiffs file stay opposition with Supreme Court
January 13, 2020
Defendants file motion with the Supreme Court seeking a stay of the preliminary injunctions
January 13, 2020
Defendants file motion with the Supreme Court seeking a stay of the preliminary injunctions
January 8, 2020
Second Circuit panel denies government's motion to stay the nationwide injunction
January 8, 2020
Second Circuit panel denies government's motion to stay the nationwide injunction
January 7, 2020
Second Circuit court of appeals holds oral argument on governments motion to stay the injunction
January 7, 2020
Second Circuit court of appeals holds oral argument on governments motion to stay the injunction
December 31, 2019
Defendants appeal preliminary injunction to Second Circuit Court of Appeals
December 31, 2019
Defendants appeal preliminary injunction to Second Circuit Court of Appeals
November 15, 2019
Defendants file motion for stay pending appeal in Second Circuit Court of Appeals
November 15, 2019
Defendants file motion for stay pending appeal in Second Circuit Court of Appeals
October 11, 2019
Court grants preliminary injunction
October 11, 2019
Court grants preliminary injunction
Plaintiffs' motion is granted, and the court issues an injunction stopping the rule from taking effect.
October 7, 2019
Court hears oral argument on plaintiffs' motion for preliminary injunction
October 7, 2019
Court hears oral argument on plaintiffs' motion for preliminary injunction
October 4, 2019
Plaintiffs file a reply in support of their motion for preliminary injunction
October 4, 2019
Plaintiffs file a reply in support of their motion for preliminary injunction
September 27, 2019
Defendants oppose preliminary injunction
September 27, 2019
Defendants oppose preliminary injunction
September 9, 2019
Plaintiffs file preliminary injunction
September 9, 2019
Plaintiffs file preliminary injunction
August 27, 2019
Complaint filed in Southern District of New York
August 27, 2019
Complaint filed in Southern District of New York