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7th Circuit Affirms Preliminary Injunction Entered In Favor Of GK Client Cook County On Public Charge Rule

June 15, 2020

In a 2-1 decision on Wednesday, 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, Juan Arguello, A. Colin Wexler and Takayuki Ono 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.

GK principal David 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.

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

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

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

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Suite 3300
Chicago, Illinois 60603-5792
Tel: 312.201.4000
Fax: 312.332.2196
Email: info@goldbergkohn.com

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