Cook County v. Wolf

In Cook County v. Wolf, the U.S. Court of Appeals for the Seventh Circuit upheld an injunction sought by Cook County against President Donald Trump's public charge rule.

The 2-1 court decision, written by liberal judge Diane Wolf with conservative judge Amy Barrett in dissent, held as follows:

“

Recently, however, the Department of Homeland Security (DHS) issued a new rule designed to prevent immigrants whom the Executive Branch deems likely to receive public assistance in any amount, at any point in the future, from entering the country or adjusting their immigration [*5] status. The Rule purports to implement the "public-charge" provision in the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(4). States, cities, and nonprofit groups across the country have filed suits seeking to overturn the Rule. Cook County, Illinois, and the Illinois Coalition for Immigrant and Refugee Rights, Inc. (ICIRR) brought one of those cases in the Northern District of Illinois. They immediately sought a preliminary injunction against the Rule pending the outcome of the litigation. Finding that the criteria for interim relief were satisfied, the district court granted their motion. We conclude that at least Cook County adequately established its right to bring its claim and that the district court did not abuse its discretion by granting preliminary injunctive relief. We therefore affirm.

”

Cook Cty. v. Wolf, No. 19-3169, 2020 U.S. App. LEXIS 18242, at *4-5 (7th Cir. June 10, 2020).