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NEWS AUGUST 10, 2020 ¦ 5

Circuit Blocks Trump Administration’s
‘Public Charge’ Rule, Limits Scope to 3 States

By Tom McParland

The U.S. Court of Appeals for the Second Circuit backed a federal trial court that blocked a new policy that would

T deny legal status to immigrants seeking public assistance. Photo: Eric Risberg
he U.S. Court of Appeals for the Second Circuit the Department of Homeland Security “failed to
on Tuesday barred the Trump administration provide a reasoned explanation” for its expanded
from enforcing its “public charge” rule, which definition of who qualifies as a public charge based
makes it easier for the federal government to deny on the receipt of public benefits.
legal status to immigrants who might apply for pub- U.S. District Judge George B. Daniels of the
lic assistance. Southern District of New York last year entered a
The 110-page decision from a unanimous panel controversial nationwide injunction blocking en-
of the New York-based appeals court upheld a Man- forcement, finding the rule was targeted toward racial
hattan federal judge’s ruling that blocked the rule minorities and would discourage noncitizens from
from taking effect nationwide but limited the scope applying for benefits they would otherwise be entitled
of the injunction to its jurisdiction — New York, to. The Supreme Court later stayed the ruling while
Connecticut and Vermont. the justices decide whether to hear the case in the fall.
The ruling would not take immediate effect after The Second Circuit agreed with Daniels’ reason-
the U.S. Supreme Court allowed the rule to go for- ing but scaled back the geography.
ward pending high court review. In its ruling, the panel said DHS had not provided
The three-judge circuit panel found the 2019 rule “any factual basis” for its belief that noncitizens who
was “arbitrary and capricious” because officials at
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