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Ninth Circuit Affirms Injunctions of Public Charge Rule

The U.S. Court of Appeals for the Ninth Circuit ruled that the Department of Homeland Security’s “Public Charge” rule is both contrary to statute and arbitrary and capricious. The rule seeks to deny lawful permanent residency to immigrants who have participated in public assistance programs like Medicaid, the Supplemental Nutrition Assistance Program, and the Section 8 housing voucher program.

Our amicus brief in the case played a key role in shaping the decision. The Ninth Circuit adopts our core arguments, emphasizing how Homeland Security fails to assess the rule's harms and draws conclusions that are contradicted by the record. Its opinion cites our brief directly when criticizing Homeland Security's conclusion that the rule would make immigrants more self-sufficient. In addition to our involvement in this case, Policy Integrity submitted amicus briefs supporting challenges to the Public Charge rule in numerous other courts. The Second Circuit Court of Appeals has upheld a preliminary injunction issued against the rule, and last month, a federal district court in Illinois vacated the rule.