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DHS Must Face Advocates’ ‘Public Charge’ Challenge

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > DHS Must Face Advocates’ ‘Public Charge’ Challenge

DHS Must Face Advocates’ ‘Public Charge’ Challenge

Law360 (August 10, 2020, 4:24 PM EDT) — A California federal judge on Friday rejected the government’s bid to toss a lawsuit by immigrant advocacy groups challenging the Trump administration’s so-called public charge rule, which penalizes immigrants who use public benefits, finding the groups sufficiently alleged they are being harmed by the new rule.

In a 38-page order denying in part a motion to dismiss, U.S. District Judge Phyllis Hamilton rejected the Trump administration’s argument that the groups, which provide immigrant services, don’t have standing to sue. The government had argued that the groups would not face a “net injury,” because any loss in government funding they receive would…

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