Protecting Immigrant Families Advancing Our Future Campaign “The Invisible Wall” June 2019 Presented by: Renato Rocha, Center for Law and Social Policy Ed Walz, Springboard Partners Tanya Broder, Connie Choi, Gabrielle Lessard, Kat Lundie, & Jackie Vimo, National Immigration Law Center Protectingimmigrantfamilies.org 1
What is the PIF Campaign? • Purpose: Unite to protect and defend access to health care, nutrition programs, public services and economic supports for immigrants and their families at the local, state and federal level. • Created in 2017 and co-chaired by NILC and CLASP • More than 370 Active Member Organizations • Click here for more information on the PIF Campaign. Protectingimmigrantfamilies.org 2
PIF Priorities for 2019 Priority # 1 Priority # 2 Priority # 3 Combat and document Block, delay (and Build power and support the chilling effect of mitigate) the impact of for an affirmative vision Trump’s anti-immigrant proposed public charge forward agenda, and empower changes and other related immigrants and their harmful policies from families to make taking effect informed and accurate decisions Protectingimmigrantfamilies.org 3
Questions we’ll address • What attacks has the Trump Administration waged on immigrants and their families? • Public charge - Departments of State, Homeland Security, Justice • Sponsor deeming and liability - White House memo • Fee waiver changes proposed by DHS • HUD proposed rulemaking affected mixed-status families • How do these attacks affect immigrants and their families? • How should we talk about all of these threats? • What can I do to help? Protectingimmigrantfamilies.org 4
Trump’s Invisible Wall PUBLIC CHARGE: PUBLIC CHARGE: SPONSOR PUBLIC CHARGE: PUBLIC CHARGE: PUBLIC CHARGE: Visas and green Visa extensions DEEMING & Grounds for Low-income Green card card processing & Status changes LIABILITY: Potential deportation immigrants lose processing inside outside the U.S. application to more access to green the U.S. programs cards & cut off from citizenship / (DOS - Foreign Affairs voting rights. (DHS Proposed Rule) (DHS Proposed Rule) (White House memo) (Anticipated DOJ NPRM) Manual (FAM) CITIZENSHIP QUESTION PUBLIC HOUSING FEE WAIVER: FEE WAIVER: IN CENSUS 2020: Chills ACCESS: Closes Removing receipt Low-income civic participation and door to mixed of means-tested immigrants lose will limit funding for status families benefits from access to citizenship/ basic needs programs eligibility list voting rights. that depend on accurate count (SCOTUS decision) (DHS Proposed Rule) (HUD Proposed Rule) (DHS Proposed Rule) Protectingimmigrantfamilies.org 5
Threats to the Immigration System Protectingimmigrantfamilies.org 6
Quick Primer: Immigration 101 Example of an immigration pathway - there are many more PUBLIC CHARGE (DHS if in US, FAM if abroad) PUBLIC CHARGE PUBLIC CHARGE PUBLIC CHARGE SPONSOR LIABILITY FEE WAIVER* (FAM) (DHS, proposed) (DHS, proposed) (White House memo) (DHS, proposed) APPLYING VISA CHANGE OF STATUS APPLYING FOR A APPLYING FOR FOR A VISA EXTENSION (e.g., student to GREEN CARD CITIZENSHIP worker visa) Protectingimmigrantfamilies.org 7
Quick Primer: Immigration 101 A person’s immigration pathway is not merely their own. One must think about their family members too. • Many live in mixed immigration-status families, where family members may be undocumented, green card holders or U.S. citizens. • This also plays into other decisions and choices made in an immigrant’s life, including whether to seek basic needs programs. • Family and other community members also play a critical role as sponsors of immigrants to adjust status. • Primary sponsor is usually a family member • If primary sponsor’s income is not enough to support the immigrant and his/her dependents: • Household member: additional family member living in the same household • Joint sponsor: can be another relative, neighbor, member of the church, family friend Protectingimmigrantfamilies.org 8
Public Charge Protectingimmigrantfamilies.org 9
Current Timeline: Public Charge JAN OCT DEC Effective 60 NOW TBD 2018 2018 2018 Date DAYS Changes to the DHS published DHS final rule Likely a 60-day DOS’s Foreign 266K+ people The rule is the proposed DHS must review posted to the waiting period Affairs Manual submitted in effect rule affecting and consider all Federal Register before the DHS rule (FAM) affecting comments how green cards comments (and likely would go into effect visas and opposing the DHS in the U.S. updates to FAM) (could be longer) processing of proposed rule green cards abroad ** Potential NPRM on deportability grounds for public charge can happen anytime.** Protectingimmigrantfamilies.org 10
Public Charge & DOS VISAS & GREEN CARDS PROCESSED ABROAD • State Department’s Foreign Affairs Manual Changes (Jan. 2018) • Public charge definition did not change HOWEVER... • Affidavit of support no longer sufficient in and of itself • Looks broadly at applicant’s age, health, family status, financial resources, skills • “Totality of Circumstances” test now may consider: • Use of non-cash benefits • Benefits used by sponsors or family members Protectingimmigrantfamilies.org 11
Public Charge & DOS What is the impact so far? • Three times more refusals on public charge grounds in FY 2018 than in FY 2017 • Reports of denials or requests for additional evidence • More scrutiny of affidavits of support by joint sponsors • More questions about employment/income, family members with disabilities Protectingimmigrantfamilies.org 12
Public Charge & DHS MORE FACTORS ADDITIONAL DEFINITION CHANGE CONSIDERED BENEFITS This definition would change from The totality of circumstances test Additional benefits included in the someone who relies on the has new detailed factors that make test: Medicaid, SNAP, Housing government for main source of it harder for low and moderate assistance, Medicare Part D low- support to someone who income people to pass. Immigrants income subsidy participates in a health, nutrition or can fail the test if they are low- housing benefit. income, don’t speak English well, have a medical condition, etc. Protectingimmigrantfamilies.org 13
Public Charge & Deportation: Current Policy & Potential Changes Protectingimmigrantfamilies.org 14
Possible DOJ Proposed Rule DOJ reviews DOJ OMB for NPRM Comment comments Drafts review and published Period and begins clearance NPRM final process Stakeholders meet A 60-day comment Hopefully they will with OMB with goal of NPRM published in period is likely, but we have many comments rule returning to DOJ Federal Register will not know until to review for additional analysis NPRM is published NOTE: DHS rule litigation could affect the DOJ rule depending on the timing. Protectingimmigrantfamilies.org 15
Public Charge Ground of Deportability: Current Policy The Public Charge Ground of Deportability rarely has been applied. Under current law, an immigrant must: 1. Have received cash welfare or long-term institutional care Applies only to during the first 5 years after entering the U.S., and immigrants who have 2. The need for this assistance must be based on circumstances been inspected and that existed before entering the U.S., and 3. The use of the cash welfare or long-term care must have admitted to the U.S. created a legal debt for the immigrant or sponsor, and and who meet all 5 4. The immigrant or sponsor must have received a demand to parts of this test. repay the debt, refused to repay, and 5. The government filed a lawsuit and won in court. Protectingimmigrantfamilies.org 16
DOJ Proposed Rule We don’t know the details yet, but here is what DOJ could propose: ● DOJ might try to broaden the list of benefits to match those in the DHS final rule. ○ In addition to cash welfare and long-term care, DOJ could include non- emergency Medicaid, SNAP, HUD Housing, Medicare Part D low-income subsidies ● DOJ could try to eliminate parts 3 - 5 of the test ● For information please read our DOJ Deportability FAQ ** But people could still show that their need for benefits arose after entry. Example: lost job or housing, had accident, became ill, pregnant, etc. Protectingimmigrantfamilies.org 17
Public Charge: Deportability Most immigrants are ineligible for these benefits during their first 5 years in the U.S. But there are some exceptions, including: ● Lawfully residing pregnant women and children in Medicaid (in many states); ● Qualified immigrant children in SNAP ● Veterans, members of the military and their spouses and children ● Immigrants receiving Public Housing or Section 8 assistance, state-funded cash assistance or long-term care ● Possibly humanitarian immigrants Protectingimmigrantfamilies.org 18
Sponsor Deeming & Liability Protectingimmigrantfamilies.org 19
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