Cesar A. PERALES, as Commissioner of the New York State Department of Social Services; New York State Department of Social Services; Robert Abrams, as Attorney General of the State of New York, and on behalf of the People of the State of New York; State of New York; City of New York; Sara Doe; Jane Roe; Anne Coe, individually and on behalf of their minor children, and on behalf of all others similarly situated and their minor children, Plaintiffs-Appellants,
Fran Foe; Mary Moe; Linda Loe; Susan Soe; Zelda Zoe, individually and on behalf of their minor children, and on behalf of all others similarly situated and their minor children, Plaintiffs-Intervenors-Appellants,
v.
Richard L. THORNBURGH, as Attorney General of the United States; Terrance O'Reilly, as Assistant Commissioner of the Immigration and Naturalization Service; Edward Wildblood, as Legalization Director of the INS Eastern Regional Office; Gilbert Tabor, as INS Eastern Regional Processing Facility Director; Scott Blackman, as INS District Director of the New York District; Louis W. Sullivan, M.D., as Secretary of Health and Human Services, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 30, 1991.
Decided June 24, 1992.
Attorney(s) appearing for the Case
Stephen Loffredo, Main Street Legal Services Inc., Flushing, N.Y.; Victor Kovner, Corp. Counsel to the City of New York, Ellen B. Fishman, Linda H. Young, Robert Abrams, Atty. Gen., State of N.Y., New York City, O. Peter Sherwood, Sol. Gen., Judith Kramer, Charles F. Sanders, New York City, for plaintiffs-appellants.
Otto G. Obermaier, U.S. Atty., S.D.N.Y., Diogenes P. Kekatos, Marla Alhadeff, Asst. U.S. Attys., New York City, of counsel, for defendants-appellees.
Lucas Guttentag, Linda Bosniak, American Civ. Liberties Union, New York City, Michael Rubin, Altshuler, Berzon, Nussbaum, Berzon & Rubin, Pauline Gee, Stephen A. Rosenbaum, California Rural Legal Assistance, San Francisco, Cal., Vibiana Andrade, Mexican American Legal Defense & Education Fund, Los Angeles, Cal., for Amici Curiae American Civ. Liberties Union, American Council of Nationality Services, Anna R., Sofia Baez Dehuerta, Jane S., Catholic Charities, Archdiocese of New York, Office for Immigrant Services, Travelers Aid Service/Victim Services Agency, Asian American Legal Defense and Education Fund, League of United Latin American Citizens, Nat. Coalition for Haitian Refugees, New York Immigration Coalition, Central American Refugee Center, Church Avenue Merchants Block Ass'n, Washington Ass'n of Churches.
Before: CARDAMONE, WALKER, and McLAUGHLIN, Circuit Judges.
United States Court of Appeals, Second Circuit.
WALKER, Circuit Judge:
This case concerns the amnesty program of the Immigration Reform and Control Act of 1986 ("IRCA"), Pub.L. No. 99-603, 100 Stat. 3359 et seq. Plaintiffs-appellants ("plaintiffs") challenge Immigration and Naturalization Service ("INS") regulations implementing the statutory exclusion of aliens "likely at any time to become a public charge." See 8 U.S.C. § 1182(a)(4) (Supp. II 1990). Plaintiffs claim that the regulations violated...
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