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Source & Scope of Public Health Legal Powers

City and County of San Francisco v. U.S. Citizenship and Immigration Services

Overview

City and County of San Francisco v. U.S. Citizenship and Immigration Services (U.S. Court of Appeals, 9th Circuit, April 8, 2021): The 9th Circuit refused to permit multiple states to intervene in existing suits (brought by the City and County of San Francisco and others) and defend the Trump administration’s immigration “public charge” rule. The rule re-defined “public charge,” a general designation of inadmissibility to the U.S., as including those likely to participate in non-cash federal assistance programs. The rule as amended also directed officials to consider English language proficiency in determining “public charge” status. After President Biden’s administration ceased defending the public charge rule in lawsuits, 13 states, including Alabama, Arkansas, and Arizona, sought to intervene in pending suits to defend it. A 9th Circuit panel summarily denied these motions to intervene. Judge Fletcher VanDyke, who would have allowed the intervention, issued a lengthy dissent. Read the full decision and dissent here.

View all cases in the Judicial Trends in Public Health – May 14, 2021.

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