The administration has officially proposed a new regulation that would block immigrant families from having a permanent, secure future in the United States. Under the new regulation, immigrants who legally access to basic health supports, safe housing, and healthy food programs could be denied admission to the country or refused a green card. The proposed rule also makes clear that earning low wages, having children, or dealing with a medical condition could be held against immigrants seeking a permanent future in the United States.
This is the latest inhumane attack on the health and wellbeing of so many families and communities across the country. But together, we can stop this.
Under federal law, the administration is required to read and respond to every unique comment before it can finalize its harmful regulation.
Take a few minutes now to post a public comment at https://protectingimmigrantfamilies.org/#take-action rejecting this inhumane attack on the health and wellbeing of countless families, communities, and children. Be sure to include personal stories if you have them. And read below about important information concerning this proposal.
How you live your life and contribute to your community should define you in this country—not how you look or how much money you have. But this regulation would put a price tag on legal U.S. residency and heavily favor wealthy immigrants over others seeking to follow the road of upward mobility, the journey that has brought so many of us proud immigrants here and enriched our adopted home country and the U.S. economy.
Thankfully, this regulation isn’t final yet — but the clock is now ticking. We need to move swiftly. A flood of unique comments can slow down the process, shape the administration’s decisions, and show how many people care.
Millions of children and their families need your support today. Thank you for taking action and making a difference!
Important Information About the Proposed Change
The administration is trying to keep immigrants out of the U.S. and penalize immigrants already here by drastically expanding how they define a “public charge.” Before they can make this change, they must allow the public to comment on the proposed regulation in the Federal Register. That’s where you come in – we need as many people as possible to post their comments in the Federal Register opposing these changes and lifting up how immigrants contribute to U.S. communities and the economy. These changes are an extension of Trump’s efforts to tear families apart, and we must work together again to fight back.
A public charge is someone who is generally dependent on the government for subsistence, due to their inability to work and lack of other financial resources or support. Under the “public charge provision” in U.S. immigration law, individuals who are likely to become a public charge are inadmissible to immigrate to the United States; immigrants already in the United States who have been, or are likely to become, public charges are not eligible for permanent residency (green card) status. However, when an immigrant who has obtained a green card is applying to become a naturalized citizen of the United States, the government will not consider their use of benefits at all.
The Trump administration is trying to penalize immigrants who use health, nutrition, housing, and other critical services – forcing people to have to choose between the wellbeing of their family and the ability to stay in the U.S. We know that a person’s dignity is not determined by how much money they have. Immigrants are our friends, family members, and neighbors. They contribute to their communities. Once again, the Trump administration has gone too far, trying to change the rules for families who just want to be together and make a life for themselves by:
Considering cash AND non-cash government assistance like health care, nutrition, and housing programs. For instance, using the Supplemental Nutrition Assistance Program (SNAP), housing assistance, or having a costly medical condition could stop someone from getting a green card.
Considering criteria such as age, health, income, and education when determining if someone may be a public charge in the future, which would negatively impact those with limited English proficiency or physical or mental health conditions.
Adopting a new threshold for households that hope to overcome a “public charge” test – by requiring that the immigrant (not just the sponsor) earn at least 125 percent of the Federal Poverty Level – and by weighing as “heavily positive” a household income of 250 percent of the Federal Poverty Level. This means, to avoid scrutiny under the public charge test, a family of 4 would need to earn nearly $63,000 annually.
Important Information to Note
Public charge policies and these changes do NOT apply to refugees, asylees, Afghan and Iraqi Special Immigrant Visa (SIV) recipients, Amerasians, Lautenberg entrants, trafficking survivors, Violence Against Women Act petitioners, and Special Immigrant Juveniles. This means that refugees and asylees who use cash and/or non-cash benefits will still be eligible to get a green card. When refugees, asylees, and SIVs who use cash and/or non-cash benefits apply to reunite with family members abroad through the Visa 93, Visa 92, or the follow-to-join application for SIVs’ family members, the government will not consider whether the applicant has used those benefits to decide whether the family members abroad are inadmissible.
Public charge policies will apply to individuals applying for adjustment of statement in the United States, individuals who are seeking to enter the U.S. from abroad, and individuals who must go abroad to process their application for LPR status. This includes family-based visas and non-immigrant visas such as tourist and employment-based visas. In addition, a similar test will apply to those applying for a nonimmigrant visa change of status or an extension of stay inside the U.S. Please note that once the DHS proposed rule is finalized, the State Department will likely change its public charge guidance to match DHS policy.
Public charge is NOT a factor in the naturalization process. LPRs applying for U.S. citizenship do not undergo a public charge test. This is enacted in law and cannot be changed through regulation.
These changes are NOT retroactive. Any benefits not included in the current version of the public charge rule that an immigrant received before the new final rule goes into effect should not be counted against them for purposes of public charge.
Social Security Disability Insurance, veterans benefits, unemployment, workers compensation, in-state tuition, student loans, and emergency and disaster assistance, including emergency Medicaid, are and will continue to be EXEMPT from consideration in the public charge determination. (Medicare Part D Low Income Subsidy IS included in the restricted benefit list.)
These proposals are not current law, and even once changes are made, the totality of circumstances will still be taken into account. No one should be afraid to take their children to school or seek emergency medical care, as those are not included in the public charge definition. Individuals should consult with an immigration attorney regarding their specific case if they have questions.
Take Action
While this will not impact the majority of CWS clients, as refugees, asylees, SIVs, and certain other vulnerable populations are exempt, it will impact many immigrants, their families, and service providers for low-income immigrant communities. CWS encourages all of our staff, local offices, affiliates, and member communions to submit comments on the proposed regulation. All members of the public have the right to comment on federal rules.
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