In an order yesterday, the Supreme Court, by a 5-4 vote, stayed a nationwide preliminary injunction Judge Daniels issued against a new rule redefining when those applying for legal residency can be denied admission as a “public charge” (see our prior coverage here).

Justice Gorsuch issued a concurring opinion, joined by Justice Thomas, expressing an interest in resolving the broader procedural question of whether District Judges should issue nationwide injunctions at all:
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In an opinion Friday, Judge Daniels preliminarily enjoined a new regulation that would change the framework for determining when those applying for legal residency are denied admission as a “public charge.”  The new proposed rule would have focused on whether the applicant was likely to receive 12 months of public benefits within 36 months.  Judge Daniels concluded that the rule, which was set to go into effect on October 15, was arbitrary, in violation of the Administrative Procedures Act:
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