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06.15.20

In a 2-1 decision on June 10, 2020, a 7th Circuit panel upheld a decision that would temporarily block the Trump administration from enforcing its public charge immigration rule in Illinois, subject to anticipated Supreme Court review. The rule creates a barrier for immigrants seeking visas or green cards if they rely on public benefits like Medicaid, food stamps or housing vouchers.

Cook County, Illinois, represented by David Morrison, Steven Levy and A. Colin Wexler of Goldberg Kohn Ltd., and Lauren Miller and Jessica Scheller of the Cook County State's Attorney's Office, sued the Department of Homeland Security and U.S. Citizenship and Immigration Services asserting that the rule is discriminatory and arbitrary, and overburdens county services by causing immigrants fearing deportation to forgo critical services like emergency medical care.

Goldberg Kohn's Mr. Morrison argued the case for Cook County before a three-judge panel. In the majority opinion in favor of Cook County, U.S. Circuit Judge Diane Wood, adopting Mr. Morrison's argument, held that “[i]n our view, Cook County has shown that it is likely to suffer (and has already begun to suffer) irreparable harm caused by the rule,” emphasizing that "one need only consider the current outbreak of COVID-19 – a pandemic that does not respect the differences between citizens and noncitizens," to appreciate the predictable "chilling effect" the rule will have on Cook County's legal immigrant population and their families. 

Coverage of the case can be found here:

CourthouseNews: 7th Circuit Blocks Feds From Enforcing Public-Charge Immigration Rule in Illinois

Law360: Split 7th Circ. OKs Pause On Public Charge Rule In Ill.

ChicagoDailyLawBulletin: Cook Co. wins round in ‘public charge’ fight