Make the Road New York, et al. v. Cuccinelli, et al.

Last Updated

August 28, 2019

CLINIC, along with several New York and national-level nonprofit organizations, filed suit on Aug. 27 in the federal court for the Southern District of New York to challenge the Trump administration’s final rule on public charge. The complaint, which aims to invalidate the rule, alleges that the rule violates the APA in a number of ways — including, that it is “unlawfully retroactive and penalizes past conduct that was not part of the public charge analysis,” that it is vague and overly broad, resulting in arbitrary and inconsistent enforcement, and that it discriminates against people with disabilities. The organizations further argue that the rule will have irreparable harm on immigrants and their families. Specifically, they argue that the rule would force immigrants to go without benefits that are not part of the public charge analysis to avoid harming their immigration status.