Ill. Judge Again Strikes Down Public Charge Rule Nationally

Law360 (November 2, 2020, 9:35 PM EST) -- An Illinois federal judge on Monday vacated a rule penalizing immigrants for using public assistance programs, rejecting the U.S. Department of Homeland Security's assertion that he should limit the ruling to Illinois and not set it aside completely.

The Seventh Circuit has already concluded that the rule is "both substantively and procedurally defective" under the Administrative Procedure Act, U.S. District Judge Gary Feinerman said. And the APA holds that courts should "hold unlawful and set aside agency action, findings, and conclusions found to be ... arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law," he said....

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