CASA de Maryland v. Trump
Issue: Should the Trump Administration’s public charge rule be temporarily blocked from taking effect while lawsuits challenging the rule are pending?
Background: CASA de Maryland, a non-profit immigrant rights organization, challenged the Trump Administration’s 2019 final rule that expanded the types of public programs that the federal government would consider in public charge determinations. If an individual is deemed likely to become a public charge, the federal government may deny their entry into the U.S. or may deny adjustment to a legal permanent resident status (i.e., a green card). The new rule required officials to consider the use of certain previously excluded programs, including Medicaid as well as the Supplemental Nutrition Assistance Program (SNAP) and federal housing subsidies.
The district court granted the plaintiffs’ motion for a preliminary injunction, blocking the Department of Homeland Security from enforcing the rule nationwide. Ultimately, a three-judge panel of the 4th Circuit reversed the preliminary injunction, allowing the rule to take effect. The case was scheduled for rehearing en banc (before the entire 4th Circuit). However, the Biden Administration abandoned the rule, and the case was subsequently dismissed.
Current Status: Final decision issued
4th Circuit Amicus Brief, Jan. 8, 2021
Amici: 64 public health deans and scholars; American Public Health Association; American Academy of Nursing
Argument Summary: In the midst of a pandemic, Medicaid reforms to expand eligibility and simplify enrollment and coverage continuity take on added importance, when access to health care is so critical. The public charge rule fundamentally cripples the design and effectiveness of the Medicaid program, contrary to congressional intent, thereby creating perverse incentives for at-risk noncitizen immigrant populations to shun health care and pandemic supports when most needed. The public charge rule is jeopardizing nationwide efforts to overcome the pandemic’s public health and economic ravages by making noncitizen immigrants forgo coronavirus diagnosis, treatment and vaccination and decline other critical economic supports.
Outside Counsel: Feldesman Tucker Leifer Fidell LLP