On September 11, a panel of judges in U.S. Court of Appeals for the Second Circuit stayed the injunction blocking the Department of Homeland Security (DHS) public charge rule from being implemented in the Second Circuit during the COVID-19 health emergency. This decision follows a decision limiting the July 29th injunction issued by the Southern District of New York court to the Second Circuit. This means that the DHS public charge rule is once in again in effect nationwide. The litigation challenging the underlying merits of the DHS 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