New York v. Department of Homeland Security, No. 20-2537 (2d Cir. 2020)Annotate this Case
On January, 2020, the Supreme Court stayed a preliminary injunction issued by the United States District Court for the Southern District of New York enjoining DHS from implementing a final rule setting out a new agency interpretation of immigration law that expands the meaning of "public charge" in determining whether a non-citizen is admissible to the United States. While the appeal of that preliminary injunction was pending before the Second Circuit, the district court issued a new, nationwide, preliminary injunction preventing DHS from enforcing that same rule based on the COVID-19 pandemic.
The Second Circuit granted DHS's motion to stay the second preliminary injunction, holding that DHS has shown a likelihood of success on the merits based primarily on the district court’s apparent lack of jurisdiction to issue the preliminary injunction during the appeal of its prior, virtually identical injunction (coupled with DHS's showing of irreparable harm resulting from its inability to enforce its regulation). The court also doubted whether the nationwide application of the injunction was proper in light of the considerations the court set forth in New York v. Dep't of Homeland Sec., which was not available to the district court at the time it issued the second injunction. Finally, the court concluded that DHS has shown irreparable injury from the district court's prohibition on effectuating the new regulation.