City and County of San Francisco v. USCIS, No. 19-17213 (9th Cir. 2019)Annotate this Case
Various states, municipalities, and organizations filed suit seeking a preliminary injunction against the implementation of DHS's Final Rule, which redefined the term "public charge" to require consideration of not only cash benefits, but also certain non-cash benefits. Under the Final Rule, an alien is a public charge if they receive one or more public benefits, including cash and non-cash benefits such as Supplemental Nutrition Assistance Program (SNAP), Section 8 housing assistance, Section 8 project-based rental assistance, Medicaid (with certain exceptions), and Section 9 public housing.
The Ninth Circuit granted a stay of two preliminary injunctions granted by two different district courts, holding that DHS has shown a strong likelihood of success on the merits because the Final Rule was neither contrary to law nor arbitrary and capricious; DHS will suffer irreparable harm because the preliminary injunctions will force it to grant status to those not legally entitled to it; and the balance of the equities and public interest favor a stay.