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Alejandro N. Mayorkas, Secretary of Homeland Security, et al. v. Cook County, Illinois, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-3169 · judgment June 10, 2020

Dismissed · March 9, 2021
Pre-decision estimate: 6% cert probability (95% interval 4%–11%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has filed here before, and a Seventh 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. (I)

Counsel of record

For petitioner
Brian H. Fletcher
Acting Solicitor General

For respondent
Tacy Fletcher Flint
Sidley Austin 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 12 2021
    DISTRIBUTED for Conference of 2/19/2021.
  4. Jan 19 2021
    DISTRIBUTED for Conference of 1/22/2021.
  5. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  6. Dec 23 2020
    Reply of petitioners Chad Wolf, Acting Secretary of Homeland Security, et al. filed. (Distributed)
  7. Dec 09 2020
    Brief of respondent Illinois Coalition for Immigrant and Refugee Rights, Inc. in opposition filed.
  8. Nov 27 2020
    Motion to further extend the time to file a response to the petition for a writ of certiorari DENIED.
  9. Nov 25 2020
    Motion to extend the time to file a response from December 9, 2020 to January 9, 2021, submitted to The Clerk.
  10. Oct 29 2020
    Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2020.
  11. Oct 28 2020
    Motion to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
  12. Oct 07 2020
    Petition for a writ of certiorari filed. (Response due November 9, 2020)