The federal government’s changes to the public charge regulation, which affect some immigrants’ pathways to citizenship, were slated to go into effect tomorrow, October 15, 2019.
The federal government’s changes to the public charge regulation, which affect some immigrants’ pathways to citizenship, were slated to go into effect tomorrow, October 15, 2019.
However, according to news reports on Friday, a ruling in the U.S. District Court in Manhattan resulted in a preliminary nationwide injunction prohibiting the administration from enforcing the rule, a federal judge in Washington state blocked the regulation nationwide and a third district court judge in San Francisco said the administration could not enforce the rule within the jurisdiction of the 9th Circuit Court of Appeals.
Since 1999, the U.S. Department of Homeland Security (DHS) has followed the guidelines that if an applicant for a green card or VISA has the likelihood of “becoming primarily dependent on the government for subsistence” for welfare, Supplementary Security Income (SSI) or assistance for long-term care - meaning that they are likely to become a public charge – it is grounds to be denied citizenship.
CMF has been following news of public charge, as a number of Michigan foundations are working to support immigrant and refugee populations across the state.
DHS had published proposed rule changes related to public charge in the Federal Register in October 2018. Over the course of a 60-day period, more than 266,000 public comments were received. Grantmakers Concerned with Immigrants and Refugees (GCIR) notes that more than 60 philanthropic institutions submitted comments on the proposed public charge rules before the December 10, 2018 deadline. GCIR gathered comments by philanthropy on the rule change.
As CMF previously reported, the rule changes redefine some aspects of public charge when considering if the person is likely to ever become financially vulnerable based on their past and current use of assistance programs. Factors considered include age, English-language ability, and employment status. The list of programs has also been expanded to include SNAP (Supplemental Nutrition Assistance Program), the Section 8 Housing Voucher Program, Section 8 Rental Assistance and certain aspects of the Medicaid and Medicare Part D low-income subsidy program.
Should the rule be enforced, individuals who currently use cash benefits, SNAP, Medicaid (except for pregnant women, children under 21 years of age and those using emergency Medicaid), and public and Section 8 housing, may be affected by the changes. Services such WIC, school meals, emergency assistance and Affordable Care Act Marketplace Coverage would not be affected. Additionally, public charge does not apply to current citizens, those in the process of applying for citizenship, those ineligible to receive green cards or who do not plan to apply for one and those looking to renew their green cards, as well as those seeking asylum and refugee status, among other immigration statuses.
According to GCIR, as many as 26 million people across the country could be deterred from accessing services for which they are eligible if the changes go forward.
In an August 2019 announcement, Ken Cuccinelli, acting director of U.S. Citizenship and Immigration Services, had said that through the public charge rule, the federal administration is “reinforcing the ideal of self-sufficiency and personal responsibility, ensuring that immigrants are able to support themselves and become successful in America."
Critics of these changes have voiced their concerns for the well-being of immigrant populations across the nation and here in Michigan.
“We are all stronger when human beings can live with greater security and dignity by getting the help they are entitled to under our laws,” Robert Gordon, director, Michigan Department of Health and Human Services, said in a press release. “We must not discourage individuals from getting benefits based on misunderstandings.”
As reported by CMF last month, the Community Foundation for Southeast Michigan, The Kresge Foundation and GCIR are part of a new partnership – the Southeast Michigan Immigrant and Refugee Collaborative – which seeks to provide funding to organizations who provide basic needs and legal services to immigrants, as well as other forms of programming and assistance.
The Michigan Immigrant Rights Center (MIRC), the Arab Community Center for Economic and Social Services (ACCESS), Michigan United and the National Partnership for New Americans will be co-hosting the 2019 National Immigrant Integration Conference (NIIC) from October 20-22, 2019, in Detroit.
Learn more about the Southeast Michigan Immigrant and Refugee Funder Collaborative.
