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Supreme Court Turns Away Texas Bid to Revive Public Charge Rule

April 27, 2021

On Monday, April 27th, the U.S. Supreme Court ruled against Texas and 13 other states, rejecting their attempt to intervene in dismissed appeals and revive the Trump-era public charge rule.  The Trump public charge rule, which sought to limit admission to immigrants based on the potential that they could use public benefits in the future, had been declared to be unlawful, and vacated, in a case litigated by Goldberg Kohn on behalf of Cook County.  The Supreme Court ruled that the states could not intervene in the dismissed appeals and would have to first make their case at the district court level.

On March 9, 2021, the Biden administration dropped appeals pending in the Supreme Court and Seventh Circuit Court of Appeals.  The Department of Homeland Security immediately stopped enforcing the public charge rule on March 9th, and on March 11th filed for public inspection with the Federal Register a rule that formally removes from the Code of Federal Regulations the now-vacated 2019 rule on public charge inadmissibility. Texas and the other states subsequently sought to intervene in the dismissed appeals, arguing that the Biden administration prevented enforcement of the Trump public charge rule and did not follow the Administrative Procedure Act in dropping the rule. The case is Texas et al. v. Cook County, Illinois, et al., case number 20A150, in the U.S. Supreme Court.

Goldberg Kohn attorneys David E. Morrison, Steven A. Levy and A. Colin Wexler are representing Cook County alongside Cook County State’s Attorneys Jessica Scheller and Lauren Miller. Their co-counsel representing the Illinois Coalition for Refugee Rights include attorneys from Sidley Austin LLP, the National Housing Law Project, the Sargent Shriver National Center on Poverty Law and the Legal Council for Health Justice.

The developments above were covered by Law360 in the following article:

Justices Won't Hear Texas' Bid to Revive Public Charge Rule

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