Goldberg Kohn Litigation Team Wins Significant Victory in "Public Charge" Immigration Rule Challenge
On Nov. 2, 2020, Goldberg Kohn's Litigation team won a significant court victory for firm client Cook County when U.S. District Court Judge Gary Feinerman issued a summary judgment ruling on Cook County's complaint to invalidate the "public charge" immigration rule issued last year by the U.S. Department of Homeland Security.
In Judge Feinerman's detailed ruling, he found that the DHS rule is unlawful because it "violates the Administrative Procedure Act," exceeds the Department's authority under existing law, and is "arbitrary and capricious." The DHS policy holds that potential reliance on virtually any public aid could be used to deny legal permanent residence status or even entry to the United States.
Agreeing with Goldberg Kohn's arguments, Judge Feinerman vacated the public charge rule not just in Cook County or in this case, but throughout the country. He further held that the ruling is immediately effective. On Nov. 3, 2020, the Seventh Circuit granted DHS's motion for a stay, and entered an administrative stay of Judge Feinerman's decision while the parties brief the merits of the stay motion.
David Morrison leads Goldberg Kohn's litigation team for Cook County, which includes Principal Steve Levy and Paralegal Louise Tennis. The team has worked hand-in-hand for more than a year with Cook County State’s Attorneys Jessica Scheller and Lauren Miller, and with counsel for co-plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. (ICIRR), to achieve this result.
A previous appeal from Judge Feinerman's ruling granting a preliminary injunction to Cook County and ICIRR was affirmed by a majority decision of the Seventh Circuit Court of Appeals (Judge Amy Coney Barrett dissenting), and is currently before the U.S. Supreme Court on a petition for certiorari. Mr. Morrison has been appointed lead counsel for Cook County in the Supreme Court proceeding.
Below are some of the news articles that have discussed Judge Feinerman's ruling:
Judge Again Strikes Down Public Charge Rule Nationally – Law360
Trump’s ‘Public Charge’ Immigration Rule Is Vacated by Federal Judge – New York Times
Court Voids Public Charge Rule Denying Immigrants U.S. Entry – Bloomberg News
In latest legal twist, judge blocks Trump’s immigration rule on public benefits – Associated Press
Judge Strikes Down ‘Public Charge’ Rule Restricting Immigrants – The Wall Street Journal
