WELCOME! PLANNING COUNCIL MEETING November 8, 2018
At this moment, lets take a moment of silence in remembrance for those MOMENT OF who came before us, those that are SIL ILENCE present, and those that will come after us. 2
Please state your name for the record. Alongside your name please state whether you are a IN INTRODUCTIONS new member or incumbent. Please note: You do NOT have to disclose your status during the introduction if you do not want to. 3
GROUND RULES Be on time No Side Conversations Silence cell phones Presenters represent agencies- no personal attacks Participate Don't ask questions that accuse or assume where someone is coming from. Stick to asking questions regarding information. Be respectful Respect the option for presenters to come back with additional information or answers. Agree to disagree Send questions with more detailed explanations to the Executive Committee or PCS Ask questions Whenever possible, enjoy yourself Speak up so everyone can hear you Don’t assume everything is public knowledge Raise your hand and wait to be acknowledged by the Chair Step up, step back Don't interrupt 4
APPROVE MEETING MINUTES (H-1) October 11, 2018 Steps in approving minutes: 1. Review minutes 2. Make a first and second motion to approve minutes 3. Vote All in Favor: Yes, approve minutes Opposed: No, do not approve minutes Abstention: Absent from previous meeting/ Decline to vote 5
COMMIT ITTEE REPORTS (H (H-2) 2) Each month, the Committee Chair(s) will You can also refer to a provide a summary of handout in your packet their committee's for written updates. activities. 6
PUBLIC CHARGE PRESENTATION Presenter: Andre Lima
Anticipated Changes to Public Charge Ground of Inadmissibility under Immigration Law Anticipated Impact and City Response 8
A person seeking admission to the United States or seeking to adjust their immigration status to legal permanent residency (i.e. green card) is considered “ inadmissible ” (i.e. barred from entry or change of status) if that person likely to become a “ public charge ." 9
What is a Public Charge? Under (federal) immigration law for the purposes of determining admissibility “public charge” means: A person who is likely to become primarily dependent on the government for subsistence. 10
When is public charge applied? Serve as the basis for denying admission to intending 1. immigrants Adjudicating visa application and adjustment of status 1. applications As grounds for deportation (rarely employed) 1. 11
How is public charge determined? The public charge grounds of inadmissibility is currently determined by a totality of the circumstances test . This means that decisions are based on all available information rather than bright-line rules. A Consular or USCIS officer must consider a range of factors - both negative and positive - in determining the likelihood that an applicant will become a public charge. 12
Statutory factors in public charge determinations Currently, factors used in the public charge test include, but are not limited to: Age; • Health; • Family status; • Assets, resources, and financial status; and • Education and skills (including English language proficiency) • Certain factors represent heavily weighted strikes against an applicant and other factors will, in most cases, override unfavorable elements of an application. 13
Factors in public charge determinations One negative factor currently considered in the public charge test is the use of certain public benefits programs or government assistance by an applicant, limited to: receipt of public cash assistance for income maintenance (i.e. • Temporary Assistance for Needy Families or TANF) institutionalization for long- term care at the government’s expense • 14
Proposed changes to the public charge grounds of inadmissibility Following rumors and leaks of an executive order last year on public charge, two drafts of a notice of proposed rulemaking (NPRM) were leaked to the press earlier this year. On October 10th, the NPRM was published in the Federal Register. NOTE: these changes have already been made to the Foreign Affairs Manual. 15
Proposed changes to the public charge grounds of inadmissibility DHS proposes to: (a) enlarge the scope of benefits programs considered in making public charge determinations and (b) alter the “totality of circumstances” calculus, heavily weighting use of public benefits and other factors as strikes against an applicant. 16
What additional public benefits would be considered? Monetizable benefits: Supplemental Nutrition Assistance Program (SNAP) • Housing Choice Voucher Program (Section 8) • Certain health insurance programs including Medicaid and potentially the • Children’s Health Insurance Program (CHIP) Section 8 Project-Based Rental Assistance (including Moderate • Rehabilitation) 17 2018/7/11
What additional public benefits would be considered? Non-cash benefits that cannot be monetized: Benefits paid for by Medicaid • (excluding services for emergency medical conditions, those provided under the Individuals with Disabilities Education Act (IDEA) and benefits provided to foreign-born children of U.S. citizen parents) Premium and Cost Sharing Subsidies for Medicare Part D • 18 2018/7/11
What factors will be weighed negatively? DHS proposes to consider the following factors as a heavily weighed negative strikes against an applicant: Lack of Employability a. Current Receipt or Use of One or More Public Benefits b. Receipt of Public Benefits within 36 Months of Filing Application c. Financial Means to Pay for Medical Costs d. Alien Previously Found Inadmissible or Deportable Based on Public e. Charge 19
Who is exempt from the public charge test: Refugees • Individuals applying for a T Visa • Asylum applicants • Individuals applying for a U Visa • Refugees and asylees applying for • Individuals who possess a T visa and • adjustment to permanent resident status are trying to become a permanent Amerasian Immigrants (for their initial • resident (get a green card) admission) Individuals who possess a U visa and • Individuals granted relief under the Cuban • are trying to become a permanent Adjustment Act (CAA) resident (get a green card) Individuals granted relief under the • Applicants for Temporary Protected • Nicaraguan and Central American Relief Status (TPS) Act (NACARA) Certain applicants under the LIFE Act • Individuals granted relief under the Haitian • Provisions Refugee Immigration Fairness Act (HRIFA) 2018/7/11 20
Do these changes affect an individual’s eligibility to receive certain public benefits? NO. The eligibility criteria for the aforementioned public benefits programs will remain unchanged. The proposed changes thus force immigrants who are using public benefit programs and who may desire to adjust their status in the future to make a difficult decision: 21 2018/7/11
Discontinue use of vital public benefits programs at the expense of their health and wellbeing. OR Continue using public benefits programs and jeopardize their application for an adjustment of status, and risk potential deportation. 22 2018/7/11
Immediate Effects Large scale disenrollment of non-citizens from public benefits programs , including • those not directly affected by the rule change due to confusion and risk aversion. Reluctance amongst non-citizens to access any form of healthcare , emergency or • otherwise, including those not directly affected by the rule change due to confusion and risk aversion. Impacted immigrants losing status and thus becoming deportable , having been • denied an adjustment of status on public charge grounds. Impacted immigrants being detained and deported , having lost status as result of • being denied an adjustment of status. 23
Long Term Economic Consequences/Costs Loss of workers and associated costs • Loss of income to the City of Boston • Loss of talent and associated costs • Cost of supporting separated children • Uncompensated care costs to Boston hospitals from the loss of health • coverage Increased health expenditures associated with food insecurity • 24
Who will be directly affected? 97,000 non citizens residents 35,000 subject to public charge 54,000 test Boston residents directly affected 25 2018/7/11
Who will be directly affected? ✖ Receipt of certain public benefits ✖ Not working or going to school ✖ Age below 18 or over 61 19,392 ✖ Limited English Proficiency Boston residents at risk of being labeled “public charge” ✖ Household income below 250% of the poverty limit 26 2018/7/11
Healthcare Impact Analysis 13,165 adults Medicaid 1,614 children 7,695 adults SNAP 1,021 children 27 2018/7/11
Incalculable Health Related Costs Disenrollment from immunization services (influenza, • mumps, rubella, etc.) Disenrollment preventive services against • communicable diseases (diphtheria, cholera, HIV, etc.) Loss of productivity and/or missed work due to health • issues may also result in lost earnings. 28
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