CASA v. Trump
ICAP successfully represented a D.C.-area immigration non-profit and two of its members in challenging an August 2019 Department of Homeland Security rule that would have given nearly unfettered discretion to immigration officials to deny green cards to low-income immigrants based on speculation that the person may, at some point over the course of a lifetime, temporarily receive a small amount of certain public benefits and thereby become a “public charge.”
In March 2021, DHS determined that continuing to defend the August 2019 rule against litigation was neither in the public interest nor an efficient use of limited government resources, and the Department of Justice voluntarily dismissed its appeals of judicial decisions invalidating or enjoining enforcement of the Rule. In September 2022, DHS published a final rule officially rescinding the August 2019 rule.
Filings
- 3/11/21 – Order issued by Fourth Circuit granting defendants’ motion to dismiss their appeal
- 1/25/21 – Filed a supplemental brief in the Fourth Circuit
- 12/3/20 – Order granting petition for rehearing en banc handed down by Fourth Circuit
- 9/14/20 – Filed a petition for rehearing en banc in the Fourth Circuit
- 9/4/20 – Filed a supplemental opposition to defendants’ motion to dismiss
- 6/24/20 – Filed an opposition to defendants’ motion to dismiss
- 1/13/20 – Filed a brief in the Fourth Circuit defending the preliminary injunction
- 1/3/20 – Filed a second amended complaint adding the City of Baltimore as a plaintiff
- 12/20/19 – Filed a petition for rehearing en banc in the Fourth Circuit
- 11/25/19 – Filed an opposition to defendants’ motion to stay the injunction pending appeal at the circuit court level
- 11/8/19 – Filed an opposition to defendants’ motion to stay the injunction pending appeal at the district court level
- 10/14/19 – Obtained a preliminary injunction to stop a new Department of Homeland Security public charge rule from going into effect
- 10/7/19 – Filed a reply brief in support of a motion for preliminary injunction to stop a new Department of Homeland Security public charge rule from going into effect
- 9/16/19 – Filed a complaint and motion for preliminary injunction to stop a new Department of Homeland Security public charge rule from going into effect
In the News
- 11/15/19 – Law360 covers the denial of a motion to stay an injunction stopping a new Department of Homeland Security public charge rule from going into effect
- 10/15/19 – Law360 covers the issuance of an injunction to stop a new Department of Homeland Security public charge rule from going into effect
- 9/16/19 – Associated Press covers ICAP’s suit to stop the new public charge rule from going into effect
- 9/16/19 – Law360 covers ICAP’s suit to stop the new public charge rule from going into effect
Press Releases
10/15/19 – ICAP Scores Big Win in Court in Major Immigration Case