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Chicago Federal Judge Blocks New Public Charge Rule | Mario Godoy | Chicago Immigration Lawyer | Godoy Law Firm

Chicago Federal Judge Blocks New Public Charge Rule

A Chicago federal judge issued an injunction stopping the Trump administration’s new public charge rule from going into effect on Tuesday, October 15. Judge Gary Feinerman issued the temporary injunction on Monday, October 14, in response to a lawsuit filed by Cook County and the Illinois Coalition for Immigrant and Refugee Rights, who filed a suit in federal court  to block the policy change which would deny permanent residency green cards to many immigrants who use Medicaid, food stamps and other government benefits.

Judges Issue Injunctions

On Friday, federal judges in New York, California, and Washington state issued injunctions to block the new rules. Cook County State’s Attorney Kim Foxx said in a press release,

“Tonight’s ruling is a victory for immigrant families. No one should live in fear and forgo public resources to access food, housing, and health care. I’m grateful to the women and men of the Cook County State’s attorney’s office and our partners in this suit for their commitment to stand up to these discriminatory attacks.”

Redefining a Public Charge

Under the new public charge rules, the Department of Homeland Security redefined a public charge as someone who is “more likely than not” to receive public benefits for more than 12 months within a 36-month period.

“For instance, if an applicant receives two different benefits in one month,” said immigration attorney Mario Godoy, “that could potentially be counted as two months’ use of benefits.” The new regulation also permits immigration officers to consider the applicants’ ability to speak English, any medical conditions, family size, education, and finances to assess if the person applying might require any current or future federal or state benefits once approved.

With experience in many immigration cases and understanding of the situation this new regulation could put you or your loved ones in, it could be helpful for you to contact legal counsel today. Mario Godoy and the other experienced immigration attorneys at the Godoy Law Office can assess your situation and advise you on your best options. 

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