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NEW YORK v. UNITED STATES DEPT. OF HOMELAND SEC.

Docket Nos. 19-3591, 19-3595 August Term, 2019.

969 F.3d 42 (2020)

State of NEW YORK, City of New York, State of Connecticut, State of Vermont, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Secretary Chad F. Wolf, in his official capacity as Acting Secretary of the United States Department of Homeland Security, United States Citizenship and Immigration Services, Director Kenneth T. Cuccinelli II, in his official capacity as Acting Director of United States Citizenship and Immigration Services, United States of America, Defendants-Appellants. Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Plaintiffs-Appellees, v. Kenneth T. Cuccinelli, in his official capacity as Acting Director of United States Citizenship and Immigration Services, United States Citizenship and Immigration Services, Chad F. Wolf, in his official capacity as Acting Secretary of Homeland Security, United States Department of Homeland Security, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 4, 2020.

Attorney(s) appearing for the Case

Judith N. Vale , Senior Assistant Solicitor General, State of New York, New York, NY ( Letitia James , Attorney General, Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, Matthew Colangelo , Chief Counsel for Federal Initiatives, Elena Goldstein , Deputy Bureau Chief, Civil Rights, Ming-Qi Chu , Section Chief, Labor Bureau, State of New York, New York, NY, William Tong , Attorney General, State of Connecticut, Hartford, CT, Thomas J. Donovan, Jr. , Attorney General, State of Vermont, Montpelier, VT, James E. Johnson , Corporation Counsel, City of New York, New York, NY, on the brief), for Plaintiffs-Appellees State of New York, City of New York, State of Connecticut, State of Vermont.

Jonathan H. Hurwitz , Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY ( Andrew J. Ehrlich , Elana R. Beale , Robert J. O'Loughlin , Daniel S. Sinnreich , Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, Ghita R. Schwarz , Brittany Thomas , Baher A. Azmy , Center for Constitutional Rights, New York, NY, Susan E. Welber , Kathleen Kelleher , Susan Cameron , Hasan Shafiqullah , The Legal Aid Society of New York, New York, NY, on the brief), for Plaintiffs-Appellees Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, (Archdiocese of New York), Catholic Legal Immigration Network, Inc.

Gerard Sinzdak , Appellate Staff Attorney, Civil Division, United States Department of Justice, Washington, DC ( Joseph H. Hunt , Assistant Attorney General, Civil Division, United States Department of Justice, Washington, DC, Geoffrey S. Berman , United States Attorney for the Southern District of New York, New York, NY, Daniel Tenny , Joshua Dos Santos , Appellate Staff Attorneys, Civil Division, United States Department of Justice, Washington, DC on the brief), for Defendants-Appellants United States Department of Homeland Security, Acting Secretary Chad F. Wolf, United States Citizenship and Immigration Services, Acting Director Kenneth T. Cuccinelli, United States of America.

William E. Havemann , Office of General Counsel, United States House of Representatives, Washington, DC ( Douglas N. Letter , General Counsel, Todd B. Tatelman , Principal Deputy General Counsel, Megan Barbero , Josephine Morse , Adam A. Grogg , Office of General Counsel, United States House of Representatives, Washington, DC, Robert M. Loeb , Thomas M. Bondy , Peter E. Davis , Orrick, Herrington & Sutcliffe LLP, Washington, DC, Rene Kathawala , Orrick, Herrington & Sutcliffe LLP, New York, NY, on the brief), for Amicus Curiae United States House of Representatives, in support of Plaintiffs-Appellees.

Additional amici curiae listed in Appendix A.

Before: Leval, Hall, and Lynch, Circuit Judges.

In August 2019, the Department of Homeland Security ("DHS") issued a final rule setting out a new agency interpretation of a longstanding provision of our immigration law that renders inadmissible to the United States any non-citizen who is likely to become a "public charge." See Inadmissibility on Public Charge...

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