U.S. District Court Judge George S. Daniels of the Southern District of New York enjoined the Trump Administration’s new Public Charge Rule scheduled to go into effect on October 15, 2019. The new Rule has been the subject of much controversy and would have made it more difficult for foreign nationals to obtain green cards or even secure or extend temporary non-immigrant visa status.

In State of New York et al. v. U.S. Department of Homeland Security, 1:19-cv-07777-GBD, the Judge Daniels held that:

  • Plaintiffs, including the State of New York, the City of New York, the State of Connecticut, and the State of Vermont, satisfied all standing requirements;
  • The new Rule violated the Administrative Procedure Act (APA) because it exceeded delegated authority under the Immigration and Nationality Act (INA) and was arbitrary and capricious; and
  • The new Rule violated the Rehabilitation Act because it denies access to benefits to individuals with disabilities.

In a companion case, Make the Road New York et al. v. Ken Cuccinelli, 1:19-cv-07993-GBD, Judge Daniels also enjoined DHS from requiring the use of any updated forms related to the new Rule until further notice.

It has been reported that the Department of State will proceed with its own version of the Public charge Rule scheduled to take effect October 15, 2019, meaning that Judge Daniels’ nationwide injunctions are limited to DHS’s new Rule.

Jackson Lewis will provide updates as they become available.

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.