The Trump administration’s new public charge rule, which expanded the definition of immigrants who are inadmissible to the U.S. because of doubts they could be self-sustaining (ABLE TO SUPPORT THEMSELVES IF ALLOWED TO GET A GREEN CARD), has been struck down by a federal judge in Chicago.

The rule violates the Administrative Procedure Act, meaning it must be vacated, Judge Gary Feinerman of the U.S. District Court for the Northern District of Illinois said Monday, 2 Nov 2020.

PUBLIC CHARGE RULE IS VACATED NATIONWIDE; IN ALL 50 STATES.

DHS argued that the rule should only be vacated in Illinois, but the district court judge court said that under the APA when an agency violates the statute’s terms the rule “shall” be set aside. Vacating a rule “is simply what courts do when they determine that an agency action violates the APA,” it said. The court also allowed the plaintiffs’ claim that the rule violates the equal protection clause to proceed.

WILL THIS CHANGE OF LAW BE APPEALED?

If the public charge rule litigation reaches the Supreme Court again, it could see a different outcome.

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