Cook County, Illinois v. Wolf

Dist. Ct. did not err in granting plaintiffs' request for issuance of preliminary injunction to preclude defendant-Dept. of Homeland Security and others from implementing new Rule concerning "public-charge" provision in Immigration and Nationality Act (INA) (8 USC section 1182(a)(4)) that would preclude noncitizens who would likely become "public charges" by receiving public assistance for 12 months (stacked) over 36-month period from entering U.S. or adjusting their status to that of legal permanent resident or citizen. Instant Rule was significant departure from prior administrative guidance, which defined public charge as noncitizen who is primarily dependent on govt. for subsistence, and plaintiffs had shown likelihood of irreparable harm due to increased healthcare costs generated by said Rule. Ct. also held on merits that defendants' interpretation of term "public charge" in INA was likely impermissible, because: (1) INA required showing that noncitizen had more substantial, sustained dependence on govt. assistance before noncitizen could be considered public charge; (2) instant Rule improperly penalized disabled noncitizen in contravention  of Rehabilitation Act; and (3) instant Rule conflicted with Congress's affirmative authorization for designated immigrations to receive benefits that Rule targets. Ct. also found that Rule was likely to fail arbitrary and capricious standard, where there was great risk that officials would base determination of public charge on impermissible stereotypes and assumptions. (Dissent filed.)