NINTH CIRCUIT STAYS NORTHERN DISTRICT OF CALIFORNIA’S PRELIMINARY INJUNCTION OF DHS’S PUBLIC CHARGE RULE; ONE OTHER NATIONWIDE INJUNCTION REMAINS IN EFFECT
On December 5, 2019, the Ninth Circuit issued an ordering staying the injunctions issued by the Northern District of California and the Eastern District of Washington that had prevented the application of the public charge rule nationwide. One member of the three-judge panel dissented from the decision. In addition, the Fourth Circuit issued an order staying a nationwide injunction against the public charge rule that had been issued by the District of Maryland. Although those injunctions are on hold while the Ninth and Fourth Circuits hear the federal government’s full appeal of the preliminary injunctions, another nationwide injunction remains in effect. While that injunction remains in effect, the County urges residents not to be intimidated and to get and stay enrolled in benefits.
The County’s press statement regarding the Ninth Circuit’s order is available here
RESOURCES THAT HELP COUNTY RESIDENTS MAKE INFORMED DECISIONS
The County encourages residents to consult with legal service providers when making decisions for themselves and their families. Many immigrants are not subject to any DHS public charge assessment at all, including lawful permanent residents (green-card holders) unless they leave the country for more than 180 days; individuals applying for asylum or refugee status; and many other immigrants. And many benefits also are not implicated by the rule (neither use of WIC nor CHIP is considered under the new rule). The County funds the following organizations that provide free or low-cost legal advice on immigration and public benefits.
- Bay Area Legal Aid: (408) 850-7066 English, Spanish
- Asian Law Alliance: (408) 287-9710 English, Vietnamese, Chinese, Tagalog, Korean, Spanish
- Law Foundation: (408) 293-4790 * English, Vietnamese, Chinese, Spanish, and more
*Law Foundation does not specialize in immigration law but encourages individuals to call with questions about using public benefits.
On August 13, 2019, the County of Santa Clara, along with the City and County of San Francisco, filed a lawsuit against the Trump administration to invalidate the new "public charge" rule that allows the federal government to deny entry or green cards to legal immigrants for using certain assistance programs, like non-emergency Medicaid or food stamps (now known as the Supplemental Nutrition Assistance Program, or SNAP).
On August 28, 2019, the County of Santa Clara and the City and County of San Francisco filed a joint motion for a preliminary injunction prohibiting the U.S. Department of Homeland Security (DHS) from implementing or enforcing its new "public charge" rule. The injunction would prevent the unlawful rule from causing widespread harm to the County public health, health and hospital systems, and economy.
Court of Appeals for the Ninth Circuit