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Independent Living News & Policy from the National Council on Independent Living

Information Alert: Public Charge Rule Updates

On July 29, the Seventh Circuit Court of Appeals in New York issued a nationwide preliminary injunction against the public charge rule for the duration of the COVID-19 public health emergency. This means the public charge rule cannot go into effect during the pandemic. This decision affirmed the district court’s previous decision. Read more about the public charge rule.

The federal court found that the rule conflicts with federal law – including Section 504 of the Rehabilitation Act – and they cited an amicus brief from a group of disability advocacy groups including NCIL.

Also on July 29, the same court also issued a nationwide preliminary injunction barring enforcement of a companion regulation issued by the State Department. This is the first preliminary injunction on the State Department’s rule, and it extends beyond the COVID-19 public health emergency.

Last week, the Department of Justice moved to stay the nationwide injunction of the public charge rule. However, this is still a huge win, and at this time, the public charge rule is blocked nationwide for the entire COVID-19 public health emergency. We will continue to keep you updated as things move forward.

For more information, see the Protecting Immigrant Families website. More information is also available at the Center for Public Representation’s Public Charge page.

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