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Westlaw News

2nd Circuit limits injunction on 'public charge' rule to three states

The 2nd U.S. Circuit Court of Appeals on Tuesday upheld a federal judge’s injunction of a Trump administration rule barring immigrants deemed likely to require government benefits from obtaining permanent U.S. residency, but it limited the injunction’s scope to the three states that challenged the policy.

A unanimous three-judge 2nd Circuit panel said the U.S. Citizenship and Immigration Services (USCIS) adopted too broad of a definition of who counts as a “public charge” in the 2019 rule, undermining the intent of Congress in passing the Immigration and Nationality Act (INA).

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