Make the Road New York v. Cuccinelli

At a Glance

Date Filed: 

August 27, 2019

Current Status 

The complaint was filed in the Southern District of New York on August 27, 2019.

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

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