CASA DE MARYLAND, INC. v. TRUMP

No. 19-2222.

971 F.3d 220 (2020)

CASA DE MARYLAND, INC.; Angel Aguiluz; Monica Camacho Perez, Plaintiffs-Appellees, v. Donald J. TRUMP, in his official capacity as President of the United States; Chad Wolf, in his official capacity as Acting Secretary of Homeland Security; U.S. Department of Homeland Security; Kenneth T. Cuccinelli, II, in his official capacity as Acting Director, U.S. Citizenship and Immigration Services; U.S. Citizenship and Immigration Services, Defendants-Appellants. Immigration Reform Law Institute, Amicus Supporting Appellants. 104 Businesses and Organizations; American Academy of Pediatrics; Maryland Chapter, American Academy of Pediatrics; Virginia Chapter, American Academy of Pediatrics; American Medical Association; Maryland State Medical Society; American College of Physicians; American College of Obstetricians and Gynecologists; Institute for Policy Integrity at New York University School of Law; United States House of Representatives; Legal Historians; Center for Reproductive Rights; Members of Congress; Judy Chu, Chair of the CAPAC; Adriano Espaillat, CHC Whip; Yvette D. Clarke, Chair of the CBC Immigration Task Force; Joaquin Castro, Chair of the CHC; Karen Bass, Chair of the CBC; Pramila Jayapal, Chair of the CAPAC Immigration Task Force; Barbara Lee, Co-Chair of the CAPAC Healthcare Task Force; Nonprofit Anti-Domestic Violence and Sexual Assault Organizations; Immigration Law Professors; Fiscal Policy Institute; Presidents' Alliance on Higher Education and Immigration; Public Justice Center, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 5, 2020.


Attorney(s) appearing for the Case

ARGUED: Gerard Joseph Sinzdak , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Jonathan Backer , GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellees. Adam A. Grogg , UNITED STATES HOUSE OF REPRESENTATIVES, Washington, D.C., for Amicus Curiae. ON BRIEF: Joseph H. Hunt , Assistant Attorney General, Daniel Tenny , Joshua Dos Santos , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Robert K. Hur , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellants. Amy L. Marshak , Joshua A. Geltzer , Mary B. McCord , Institute for Constitutional Advocacy and Protection, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellees. Michael M. Hethmon , Lew Olowski , IMMIGRATION REFORM LAW INSTITUTE, Washington, D.C., for Amicus Immigration Reform Law Institute. Paul W. Hughes , Michael B. Kimberly , Matthew A. Waring , MCDERMOTT WILL & EMERY LLP, Washington, D.C., for Amici 104 Businesses and Organizations. Susan M. Krumplitsch , Elizabeth Stameskin , Priyamvada Arora , COOLEY LLP, Palo Alto, California, for Amici American Academy of Pediatrics; Maryland Chapter, American Academy of Pediatrics; Virginia Chapter, American Academy of Pediatrics; American Medical Association; Maryland State Medical Society; American College of Physicians; American College of Obstetricians and Gynecologists. Richard L. Revesz , Jack Lienke , Max Sarinsky , INSTITUTE FOR POLICY INTEGRITY AT NEW YORK UNIVERSITY SCHOOL OF LAW, New York, New York, for Amicus Institute for Policy Integrity at New York University School of Law. Robert M. Loeb , Thomas M. Bondy , Peter E. Davis , Emily Green , Washington, D.C., Rene Kathawala , Jessica Edmundson , Allison Epperson , New York, New York, M. Todd Scott , ORRICK, HERRINGTON & SUTCLIFFE LLP, San Francisco, California; Douglas N. Letter , General Counsel, Todd B. Tatelman , Principal Deputy General Counsel, Megan Barbero , Josephine Morse , Adam A. Grogg , William E. Havemann , Office of General Counsel, UNITED STATES HOUSE OF REPRESENTATIVES, Washington, D.C., for United States House of Representatives. Alexandra Wald , COHEN & GRESSER LLP, New York, New York; Elizabeth B. Wydra , Brianne J. Gorod , Dayna J. Zolle , CONSTITUTIONAL ACCOUNTABILITY CENTER, Washington, D.C., for Amici Legal Historians. Jenny Ma , Pilar Herrero , Amy Myrick , Elyssa Spitzer , CENTER FOR REPRODUCTIVE RIGHTS, New York, New York, for Amicus Center for Reproductive Rights. Gare Smith , Kristyn DeFilipp , Andrew London , Emily J. Nash , FOLEY HOAG, LLP, Boston, Massachusetts; Justin Lowe , Wendy Parmet , HEALTH LAW ADVOCATES, INC., Boston, Massachusetts, for Amici Health Law Advocates, Inc. and Other Organizations Interested in Public Health. Nilda Isidro , Amanda Burns , Christine Armellino , New York, New York, Caroline H. Bullerjahn , GOODWIN PROCTOR LLP, Boston, Massachusetts, for Amici Members of Congress Judy Chu, Chair of the CAPAC; Adriano Espaillat, CHC Whip; Yvette D. Clarke, Chair of the CBC Immigration Task Force; Joaquin Castro, Chair of the CHC; Karen Bass, Chair of the CBC; Pramila Jayapal, Chair of the CAPAC Immigration Task Force; Barbara Lee, Co-Chair of the CAPAC Healthcare Task Force, et al. Paul J. Lawrence , Alanna E. Peterson , PACIFICA LAW GROUP LLP, Seattle, Washington, for Amici Nonprofit Anti-Domestic Violence and Sexual Assault Organizations. Harry Lee , Mary Woodson Poag , Johanna Dennehy , STEPTOE & JOHNSON LLP, Washington, D.C., for Amici Immigration Law Professors. Monisha Cherayil , Sally Dworak-Fisher , Tyra Robinson , PUBLIC JUSTICE CENTER, Baltimore, Maryland, for Amicus Public Justice Center. Sadik Huseny , Brittany N. Lovejoy , Joseph C. Hansen , Tess L. Curet , Alexandra B. Plutshack , LATHAM & WATKINS LLP, San Francisco, California, for Amici Fiscal Policy Institute & Presidents' Alliance on Higher Education and Immigration, et al.

Reversed and remanded by published opinion. Judge Wilkinson wrote the opinion, in which Judge Niemeyer joined. Judge King wrote a dissenting opinion.


The Immigration and Nationality Act ("INA") says that any alien who is "likely at any time to become a public charge is inadmissible." 8 U.S.C. § 1182(a)(4)(A).1 Congress has included some version of a "public charge" provision in the nation's...

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