This case is one of several brought nationwide by States, counties, and nonprofit organizations challenging the Trump administration's revised, final public charge rule, which expands the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. District court judges from across the countries granted preliminary injunctions enjoining the government from implementing the public charge rule but after multiple Circuit Courts and the Supreme Court issued stays of these injunctions, the public charge rule was implemented by the government on February 24, 2020.

On September 27, 2019, a coalition "comprised by local governments, an elected representative, and a number of non-profit and faith-based agencies providing legal and social services to immigrant populations and their families", filed this suit in the United States District Court for the District of Maryland. Plaintiffs, represented by private counsel and the City of Baltimore Department of Law, sued the Department of Homeland Security (DHS) and its acting secretary, in his official capacity, and United States Citizenship and Immigration Services (USCIS) and its acting secretary, in his official capacity, under the Administrative Procedure Act (APA). The plaintiffs sought declaration that the Department of Homeland Security’s Final Rule (the Rule) violates the Administrative Procedure Act (APA) and the Equal Protection Clause of the Fifth Amendment and an order setting it aside. The plaintiffs also sought injunctive relief enjoining the defendants from implementing and enforcing the Rule. The case was assigned to Judge Peter J. Messitte.

On August 14, 2019, the DHS published a revised, final public charge rule, which defines personal circumstances that affect the ability of individuals and their families to successfully enter the U.S. or acquire legal permanent resident status (i.e., get a green card). The final rule increases the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. The Immigration and Nationality Act (INA) provides that if an immigration officer finds that a person seeking a visa is likely to become a public charge, that person is “inadmissible.” Thus, an immigrant who uses non-cash benefits such as food stamps or Medicaid, or is deemed likely to receive them in the future, may be found more likely to be a public charge and inadmissible for purposes of a visa or green card application. According to a New York Times article, the new standards would directly affect about 1.2 million applicants annually, primarily immigrants from Africa and Latin America. The rule was initially set to be implemented on October 15, 2019.

The plaintiffs alleged that the Rule was arbitrary and capricious, in violation of the APA, because the defendants failed to provide adequate justification for the change, utilized a "patently inadequate cost-benefit analysis" in promulgating the Rule, and disregarded facts and evidence. The plaintiffs also asserted that the Rule denied the constitutional right to equal protection of the laws because a discriminatory purpose was the motivating factor in promulgating the Rule. Moreover, the plaintiffs contended that the Rule will cause actual suffering by producing a chilling effect that discourages eligible members from utilizing public benefits and requiring plaintiffs to allocate significant resources to combat this chilling effect.

On October 15, 2019, Judge Messitte entered an order deferring ruling on the complaint. Judge Messitte considered the nationwide preliminary injunctions enjoining defendants from implementing and enforcing the Rule instituted by district courts in New York (State of New York v. DHS) and Washington (State of Washington v. DHS) and concluded that there was not a "need at present to enter into yet another consideration of the relief sought by Plaintiffs in this case."

On December 3, 2019, the parties filed a joint notice of related case, asserting that the current case is related to (Casa de Maryland v. Trump) and requesting that the case be transferred to Judge Paul J. Grimm for concurrent adjudication. The parties contended that that "the two cases 'arise from the same or identical transaction, happenings, or events,' that they involve identical defendants, and that hearing them separately 'would entail substantial duplication of labor if heard by different judges.'” In that case, Judge Grimm had issued an order for a nationwide preliminary injunction enjoining the defendants from implementing or enforcing the Rule. The cases were ordered related and the current case reassigned to Judge Grim on December 6.

The plaintiffs filed an amended complaint on January 3, 2020, in which they asserted the same causes of actions, claims for relief, and requests for relief. However, the amended complaint removed the Mayor and City Council of Baltimore as a plaintiff. On the same day, the Mayor and City Council of Baltimore was added as a plaintiff in an amended complaint in Casa de Maryland.

After the Supreme Court issued orders staying a nationwide injunction in State of New York v. U.S. Department of Homeland Security and an injunction for the State of Illinois in Cook County, Illinois v. Wolf, the defendants stated that the Rule would be enforced beginning February 24, 2020.

On March 17, 2020, Judge Grimm issued an order granting the defendants' motion to stay "proceedings related to discovery and completion of the administrative record," but ordered the parties to continue with the motion to dismiss briefing.

On May 27, defendants filed a motion to dismiss plaintiffs' complaint. Defendants asserted that the complaint should be dismissed in full "[i]n light of the Supreme Court’s repeated stays of injunction, the Ninth Circuit’s detailed opinion on the Rule’s legality," and because the Rule does not violate the due process or equal protection clauses.

The case is ongoing.

Aaron Gurley - 03/19/2020


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