Proskauer serves as outside counsel to a coalition of nine nonprofit organizations—led by Justice in Aging—supporting dozens of states and organizations in their efforts to stay the implementation of the U.S. Department of Homeland Security’s final rule establishing a new test for determining whether an immigrant will be a “public charge,” and thus should be denied entry into the United States. In filing this amici brief, Proskauer aims to help Justice in Aging and the coalition in their efforts to protect elderly immigrants.

We filed an amici brief in six federal court litigations:  three pending in the U.S. District Court for the Northern District of California, two pending in the U.S. District Court for the Southern District of New York, and one pending in the U.S. District Court for the Eastern District of Washington.  The plaintiffs in each of these cases assert a variety of claims, including that the Final Rule violates the Administrative Procedure Act because it is contrary to the statutory scheme and is arbitrary and capricious, violates the Equal Protection Clause, and violates the Rehabilitation Act.

Amici urged the Courts to accept their brief because they provide a unique perspective on the direct, negative impact that the Final Rule will have on millions of older immigrants. In particular, Amici explained that the Final Rule will make it difficult for older immigrants to pass the public charge test by expanding the public benefits to be considered, establishing an arbitrary minimum income threshold, and introducing a set of factors to be weighed in a way that directly disadvantage older immigrants. Amici explained that the Final Rule targets older immigrants and, in particular, those with disabilities or chronic health conditions; disfavors immigrants who are not proficient in English; will disproportionately harm older immigrants of color; and will discourage enrollment in programs that improve health, food security, nutrition, and economic security.

Briefing on the motions for preliminary injunctions in each case is ongoing.

The coalition of Amici includes Justice in Aging, American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, The National Asian Pacific Center on Aging, National Council on Aging, National Hispanic Council on Aging, MAZON, and PHI.

UPDATE (10/14/2019)

On October 11, 2019, federal district courts in California, New York, and Washington State granted preliminary injunctions blocking implementation of the U.S. Department of Homeland Security’s final rule establishing a new test for determining whether an immigrant will be a “public charge,” and thus should be denied entry into the United States.  The courts found the public charge rule likely violated the Administrative Procedures Act because it is contrary to the Immigration and Nationality Act and arbitrary and capricious, and violates the Rehabilitation Act.

Two of the three judges specifically referenced Proskauer’s brief.  In Washington State, Judge Rosanna Malouf Peterson wrote “amici have argued convincingly that the Public Charge Rule will have a substantial negative impact on the elderly.”  Judge Peterson explained how amici “persuasively argued” that the Public Charge Rule will not only harm the elderly, but also their communities and society as a whole.

The coalition of Amici includes Justice in Aging, American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, The National Asian Pacific Center on Aging, National Council on Aging, National Hispanic Council on Aging, MAZON, and PHI.