On July 29th, the United States District Court for the Southern District of New York issued a temporary injunction blocking the DHS Public Charge rule nationwide for the duration of the declared national emergency related to the COVID-19 pandemic. On August 12th, the U.S. Court of Appeals for the Second Circuit narrowed the district court’s order to apply only to the Second Circuit. This means the injunction is in place only for New York, Connecticut, and Vermont and that the DHS public charge rule is in effect in all other states. This order will be reviewed by a panel of three judges, and the litigation challenging the underlying merits of the new rule is ongoing.
On July 29th, the same district court also issued a nationwide preliminary injunction barring enforcement of the DOS Public Charge rule and the Health Insurance Proclamation indefinitely, beyond the national emergency related to the pandemic.
By targeting low-income immigrant seniors who may need extra help from programs like Medicaid, or the Supplemental Nutrition Assistance Program (SNAP), changes to public charge will ensure that the American Dream is only available to immigrants who are healthy and wealthy and who do not have disabilities. The rule threatens the ability of immigrants to obtain permanent residency (green cards) if they have ever needed help, or are likely to need help, from certain government programs and make it difficult for multi-generational families to care for one another and succeed.
The Public Charge rule was published in August 2019 and is scheduled to take effect February 24, 2020. We are continuing to work in coalition to stop this rule from being implemented. Read our takeaways on the final rule.
Justice in Aging:
Protecting Immigrant Families Campaign:
Immigrant Legal Resource Center:
California Specific Resources:
Center for Public Representation:
Kaiser Family Foundation:
Litigation Challenging the Final Rule
Amicus Brief on the Final Rule’s Harms to Older Adults filed by Justice in Aging, American Society on Aging, Caring Across Generations, Center for Medicare Advocacy, Jewish Family Service of Los Angeles, The Jewish Federations of North America , The National Asian Pacific Center on Aging, National Council on Aging, National Hispanic Council on Aging, MAZON: A Jewish Response to Hunger, and PHI
Read Justice in Aging’s comments on the proposed rule. (submitted December 10, 2018)
Justice in Aging Issue Brief: Older Immigrants and Medicare
Justice in Aging Webinar: Immigrants’ Access to Healthcare and Other Public Benefits
ABA Commission on Law & Aging Bifocal Article: Older Immigrants’ Rough Road Map to Public Benefits
National Center on Law & Elder Rights Chapter Summary: Access to Public Benefits for Older Immigrants