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Department of Homeland Security, et al. v. New York, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-3591, 19-3595 · judgment August 4, 2020

Certiorari granted · February 22, 2021
Pre-decision estimate: 41% cert probability (95% interval 29%–55%)

Before the decision, about 10× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a petition filed soon after the judgment below, and a Second Circuit decision below.

Questions presented

Under the Immigration and Nationality Act, 8 U.S.C. 1101 et seq., an alien is “inadmissible” if, “in the opinion of the [Secretary of Homeland Security] at the time of application for admission or adjustment of status, [the alien] is likely at any time to become a public charge.” 8 U.S.C. 1182(a)(4)(A). Following notice-and-comment rulemaking, the United States Department of Homeland Security (DHS) promulgated a final rule interpreting the statutory term “public charge” and establishing a framework by which DHS personnel are to assess whether an alien is likely to become a public charge. The questions presented are:

  1. Whether entities that are not subject to the public-charge ground of inadmissibility contained in 8 U.S.C. 1182(a)(4)(A), and which seek to expand benefits usage by aliens who are potentially subject to that provision, are proper parties to challenge the final rule.

  2. Whether the final rule is likely contrary to law or arbitrary and capricious.

Counsel of record

For petitioner
Brian H. Fletcher
Acting Solicitor General

For respondent
Jonathan Hillel Hurwitz
Paul, Weiss, Rifkind, Wharton & Garrison LLP

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Mar 09 2021
    Joint stipulation to dismiss the case pursuant Rule 46.1 filed.
  2. Mar 09 2021
    Petition Dismissed - Rule 46.
  3. Feb 22 2021
    Petition GRANTED.
  4. Feb 12 2021
    DISTRIBUTED for Conference of 2/19/2021.
  5. Jan 19 2021
    DISTRIBUTED for Conference of 1/22/2021.
  6. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  7. Dec 23 2020
    Reply of petitioners United States Department of Homeland Secuirty, et al. filed. (Distributed)
  8. Dec 09 2020
    Brief of respondents States of New York, Connecticut, and Vermont; and City of New York in opposition filed.
  9. Dec 09 2020
    Brief of respondents Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), and Catholic Legal Immigration Network, Inc. in opposition filed.
  10. Nov 27 2020
    The motions to further extend the time to file responses to the petition for a writ of certiorari are DENIED.
  11. Nov 20 2020
    Motion of New York, et al. to extend the time to file a response from December 9, 2020 to January 8, 2021, submitted to The Clerk.
  12. Nov 20 2020
    Motion of the MRNY Respondents to extend the time to file a response from December 9, 2020 to January 8, 2021, submitted to The Clerk.
  13. Nov 20 2020
    Response to motions from petitioner United States Department of Homeland Secuirty, et al. filed.
  14. Nov 03 2020
    Blanket Consent filed by Petitioner, United States Department of Homeland Secuirty, et al.
  15. Oct 26 2020
    The motions to extend the time to file responses are granted and the time is extended to and including December 9, 2020, for all respondents.
  16. Oct 23 2020
    Motion of Make the Road New York, et al. to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
  17. Oct 23 2020
    Motion State of New York, et al. to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
  18. Oct 07 2020
    Petition for a writ of certiorari filed. (Response due November 9, 2020)