Administrative Procedures Act

In Department of Homeland Security v. New York the U.S. Supreme Court will decide whether the Trump administration’s “public charge” definition violates the Immigration and Nationality Act (INA) or is arbitrary and capricious under the Administrative Procedures Act (APA).

One of the factors relevant to whether a non-citizen may become a lawful permanent resident is whether he or she is likely to become a “public...

The Supreme Court has agreed to decide whether medical providers receiving federal funds may be prevented from referring patients for abortions. In California v. Azar the Ninth Circuit held the federal rule at issue is lawful. In Cochran v. Mayor and City Council of Baltimore the Fourth Circuit reached the opposite conclusion.

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The Supreme Court has frozen in place a district court order requiring the Census Bureau to continue counting people through October 31. As a result, the Census Bureau may immediately stop the count.  

The Census Bureau lost 47 dates of field operations (counting people) due to COVID-19 between March and May. In April it announced it would extend field operations until October 31. In August it changed the ending date of field operations to September 30...

In National Urban League v. Ross the Ninth Circuit allowed a lower court ruling to stay in effect requiring the census count to continue through October 31. But it blocked the portion of the lower court ruling that the federal government may not attempt to meet the December 31 statutory deadline for...

A federal district court has ruled that as long as there is a declared national health emergency related to COVID-19, the public charge rule may not go into effect.

Immigrants who are deemed a “public charge” are ineligible to receive green cards/lawful permanent resident status. The most recent definition of public charge, adopted in 1999, included immigrants who demonstrated a need for “institutionalization for...

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