Protecting Immigrant Families Advancing Our Future Campaign The - - PowerPoint PPT Presentation

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Protecting Immigrant Families Advancing Our Future Campaign The - - PowerPoint PPT Presentation

Mar 19, 2024 247 likes •779 views

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

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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

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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.
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Combat and document the chilling effect of Trump’s anti-immigrant agenda, and empower immigrants and their families to make informed and accurate decisions

Priority # 1

Block, delay (and mitigate) the impact of proposed public charge changes and other related harmful policies from taking effect

Priority # 2

Build power and support for an affirmative vision forward

Priority # 3

PIF Priorities for 2019

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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?
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Trump’s Invisible Wall

PUBLIC CHARGE: Visa extensions & Status changes

(DHS Proposed Rule)

SPONSOR DEEMING & LIABILITY: Potential application to more programs

(White House memo)

PUBLIC CHARGE: Green card processing inside the U.S.

(DHS Proposed Rule)

PUBLIC CHARGE: Low-income immigrants lose access to green cards & cut off from citizenship / voting rights. PUBLIC CHARGE: Grounds for deportation

(Anticipated DOJ NPRM)

PUBLIC HOUSING ACCESS: Closes door to mixed status families

(HUD Proposed Rule)

FEE WAIVER: Removing receipt

  • f means-tested

benefits from eligibility list

(DHS Proposed Rule)

FEE WAIVER: Low-income immigrants lose access to citizenship/ voting rights.

(DHS Proposed Rule)

CITIZENSHIP QUESTION IN CENSUS 2020: Chills civic participation and will limit funding for basic needs programs that depend on accurate count

(SCOTUS decision)

PUBLIC CHARGE: Visas and green card processing

  • utside the U.S.

(DOS - Foreign Affairs Manual (FAM)

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Threats to the Immigration System

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Quick Primer: Immigration 101

Example of an immigration pathway - there are many more

APPLYING FOR A VISA VISA EXTENSION CHANGE OF STATUS (e.g., student to worker visa) APPLYING FOR A GREEN CARD APPLYING FOR CITIZENSHIP FEE WAIVER* (DHS, proposed) PUBLIC CHARGE (DHS if in US, FAM if abroad) SPONSOR LIABILITY (White House memo) PUBLIC CHARGE (DHS, proposed) PUBLIC CHARGE (DHS, proposed) PUBLIC CHARGE (FAM)

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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
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Public Charge

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Current Timeline: Public Charge

Changes to the DOS’s Foreign Affairs Manual (FAM) affecting visas and processing of green cards abroad 266K+ people submitted comments

  • pposing the DHS

proposed rule DHS must review and consider all comments Likely a 60-day waiting period before the DHS rule would go into effect (could be longer) DHS final rule posted to the Federal Register (and likely updates to FAM) The rule is in effect DHS published the proposed rule affecting how green cards in the U.S.

Effective Date 60 DAYS TBD NOW DEC 2018 OCT 2018 JAN 2018

** Potential NPRM on deportability grounds for public charge can happen anytime.**

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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
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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
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ADDITIONAL BENEFITS

Additional benefits included in the test: Medicaid, SNAP, Housing assistance, Medicare Part D low- income subsidy

DEFINITION CHANGE

This definition would change from someone who relies on the government for main source of support to someone who participates in a health, nutrition or housing benefit.

MORE FACTORS CONSIDERED

The totality of circumstances test has new detailed factors that make it harder for low and moderate income people to pass. Immigrants can fail the test if they are low- income, don’t speak English well, have a medical condition, etc.

Public Charge & DHS

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Public Charge & Deportation: Current Policy & Potential Changes

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Possible DOJ Proposed Rule

DOJ reviews comments and begins final process Comment Period NPRM published OMB for review and clearance

DOJ Drafts NPRM

Stakeholders meet with OMB with goal of rule returning to DOJ for additional analysis NPRM published in Federal Register A 60-day comment period is likely, but we will not know until NPRM is published Hopefully they will have many comments to review

NOTE: DHS rule litigation could affect the DOJ rule depending on the timing.

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The Public Charge Ground of Deportability rarely has been applied. Under current law, an immigrant must:

Public Charge Ground of Deportability: Current Policy

  • 1. Have received cash welfare or long-term institutional care

during the first 5 years after entering the U.S., and

  • 2. The need for this assistance must be based on circumstances

that existed before entering the U.S., and

  • 3. The use of the cash welfare or long-term care must have

created a legal debt for the immigrant or sponsor, and

  • 4. The immigrant or sponsor must have received a demand to

repay the debt, refused to repay, and

  • 5. The government filed a lawsuit and won in court.

Applies only to immigrants who have been inspected and admitted to the U.S. and who meet all 5 parts of this test.

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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.

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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
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Sponsor Deeming & Liability

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What is Sponsor Liability?

Immigrants who sponsor their family members are required to execute an Affidavit of Support, to show that the intending immigrant won’t become a public charge.

Affidavit of Support: A contract between the sponsor and the government, under which the sponsor promises to support the immigrant (if needed), and to reimburse the government if the immigrant uses “means-tested public benefits.”

Federal Means-Tested Public Benefits, include:

  • SSI
  • TANF
  • CHIP
  • Medicaid
  • SNAP
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What is Sponsor Deeming?

When sponsored immigrants apply for SSI, TANF or SNAP, their sponsors’ income and resources may be “deemed” as available to them, which generally makes them ineligible for their programs.

  • NOTE: Some states also deem in Medicaid, CHIP and state funded programs
  • To administer deeming, eligibility workers must obtain information about a

sponsor’s income and assets from the immigrant applying for benefits. There are some exceptions from deeming rules.

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White House’s May 23rd Memo

It directs agency actions within 30, 90 and 180 days

Within 30 days (which was June 22, 2019): Treasury, Commerce, Labor, HUD, Transportation, Education, USDA and HHS are directed to report on:

  • The steps they have taken to comply with laws that restrict immigrants’

eligibility for benefits

  • Whether benefits they administer are federal means-tested public benefits

and whether any additional benefits should be Under current policy, all federal means-tested public benefits are administered by HHS, USDA and SSA.

For more information, read our Sponsor Deeming FAQ

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Procedures and Guidance

WITHIN 90 DAYS:

USDA and HHS are directed to update guidance and procedures on sponsor deeming and liability, including:

  • Procedures for notifying the U.S. Attorney General and DHS of the sponsors’

nonpayment

  • Procedures for requesting that the AG bring a civil suit against a sponsor
  • “Procedures for data sharing with Federal agencies, as appropriate and

consistent with law”

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More Information Sharing

Within 180 days:

  • USDA, HHS and SSA to coordinate with State and DHS to implement

“procedures for keeping and managing records”

  • Including procedures for sharing records of sponsors’

reimbursement obligations and reimbursement status with the Secretaries of State and DHS

  • USDA, HHS and SSA to coordinate with Treasury to establish

information sharing procedures with the Treasury Offset Program, which collects non-tax federal debts through withholding of federal payments, including tax refunds and federal benefits

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What’s Next?

Any regulations would have to be made available for comment

  • Procedures and guidance would not be subject to the same

requirement Remember:

  • Agency procedures, guidance and regulations have to be

consistent with the law

  • None of the changes contemplated by the memo have gone into

effect yet!

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Threats to Dignity and the Ability to Thrive in the U.S.

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Trump’s Invisible Wall

PUBLIC CHARGE: Visa extensions & Status changes

(DHS Proposed Rule)

SPONSOR DEEMING & LIABILITY: Potential application to more programs

(White House memo)

PUBLIC CHARGE: Green card processing inside the U.S.

(DHS Proposed Rule)

PUBLIC CHARGE: Low-income immigrants lose access to green cards & cut off from citizenship / voting rights. PUBLIC CHARGE: Grounds for deportation

(Anticipated DOJ NPRM)

PUBLIC HOUSING ACCESS: Closes door to mixed status families

(HUD Proposed Rule)

FEE WAIVER: Removing receipt

  • f means-tested

benefits from eligibility list

(DHS Proposed Rule)

FEE WAIVER: Low-income immigrants lose access to citizenship/ voting rights.

(DHS Proposed Rule)

CITIZENSHIP QUESTION IN CENSUS 2020: Chills civic participation and will limit funding for basic needs programs that depend on accurate count

(SCOTUS decision)

PUBLIC CHARGE: Visas and green card processing

  • utside the U.S.

(DOS - Foreign Affairs Manual (FAM)

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Fee Waivers

Three ways to qualify:

  • Whether the applicant is receiving a means-tested benefit
  • Most common & least onerous in documentation requirements
  • Whether the applicant’s household income level renders him or her unable to pay

(applicant’s household income is at or below 150% of the poverty income guidelines at the time of filing)

  • Whether recent financial hardship otherwise “renders him or her unable to pay”

Attaches to several immigration applications - e.g., green card renewal, green card application

  • BUT it has been vital for low-income immigrants to naturalize, given the high filing fee
  • f $725 ($640 if you’re over 75)

THE THIRD PUBLIC COMMENT PERIOD CLOSES ON JULY 5!

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HUD Housing Eligibility: Current Policy & Proposed Changes

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Low Income Housing Eligibility: Current Rule

Under a federal law called Section 214 of the Housing and Community Development Act of 1980:

  • The housing subsidies of mixed status

families are prorated so that ineligible family members do not receive any housing assistance.

  • By providing assistance only to citizens and
  • ther eligible immigrants, the law permits

members of mixed status families to reside together.

There are over 25,000 mixed-status households or families comprised of members who are both eligible and ineligible for federal housing assistance.

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HUD Proposed Rule Publication

HUD reviews comments and begins final process Comment Period NPRM published OMB for review and clearance

HUD Drafts NPRM

Stakeholders meet with OMB with goal of rule returning to DOJ for additional analysis NPRM published in federal register on May 9, 2019 A 60 day comment period is in effect, comments can be submitted through July 9, 2019 Hopefully they will have many comments to review!

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Low Income Housing Eligibility: Proposed Changes

HUD’s NPRM would prohibit “mixed status families” from living in public housing and Section 8 programs.

  • The rule would require all residents under 62 to

have their immigration status screened through the SAVE system operated by DHS.

  • Require housing agencies and property owners to

collect documents “proving” the citizenship of over 9 million residents who have already attested.

  • Families with members who are deemed ineligible

will be evicted from subsidized housing after 18 months or sooner.

According to figures provided by HUD, over 55,000 U.S. citizen children who are eligible for public and assisted housing would face eviction because they live in mixed status families.

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What do all of these proposed changes mean?

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Trump’s Invisible Wall: Direct and Indirect Effects

  • Directly affected individuals
  • The proposed threats could prevent immigrants from using the programs

their tax dollars help support, preventing access to healthy, nutritious food and secure housing.

  • Broader population of people subject to “chilling effect”
  • Family members living with or sponsoring immigrants, particularly U.S.

citizen children

  • Non-family sponsors, co-sponsors, and joint sponsors (community

members, religious congregants, family friends, etc.)

  • States and localities
  • Providers and communities
  • All of us
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Threats may deter (and has already deterred) immigrants and their family members from seeking basic needs programs, because of:

  • Confusion over what benefits are covered
  • Complexity of proposed policy changes
  • Discretionary application of the public

charge rule

After 1996 eligibility changes, there was a 25% decrease in use of Medicaid by children of foreign-born residents, the majority of these children were still eligible.1

In a 2018 survey at public health clinics in CA:2

  • Two-thirds of health providers reported an

increase in parents’ fear about enrolling kids in Medicaid, WIC

  • Nearly half of providers reported an

increase in no shows at public health clinics.

1 Neeraj Kaushal and Robert Kaestner, “Welfare Reform and health insurance of Immigrants,” Health Services Research, 40(3), (June 2005), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1361164/pdf/hesr_00381.pdf. 2 The Children’s Partnership, California Children in Immigrant Families: The Health Provider Perspective,” https://www.childrenspartnership.org/wp-content/uploads/2018/03/Provider-Survey-Inforgraphic-.pd

The Chilling Effect

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The Chilling Effect: The Big Picture

Based on public charge alone, as many as 26 million people in families with immigrants might be chilled from participating in programs that make their families healthier and stronger.1

1 in 4 children have an immigrant parent2

2 Samantha Artiga and Anthony Damico“Nearly 20 Million Children Live in Immigrant Families that Could Be Affected by Evolving Immigration Policies” Kaiser Family Foundation, 2018 1“Public Charge Proposed Rule: Implications for Non-Citizens and Citizen Family Members Data Dashboard,” Manatt Health, October 2018

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Urban Institute Research: Chilling Effects Around Public Charge

Urban Institute, “One in Seven Adults Reported Avoiding Public Benefits Programs in 2018,” May 2019

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How should we talk about all of these threats?

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Messages - Families 1.For most people in the U.S., nothing has changed yet 2.Continue to get the help you need 3.We are fighting back together!!!

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Messages - Policymakers & Press

Public Charge DOJ Proposal - Core message:

“ While we focus on the wall and who pays for it, Trump is building an invisible wall to keep out everyone who is not white or wealthy. The public charge regulation is part of that sweeping government-wide assault on immigrant families. From DHS and the State Department to HUD, the Social Security Administration, and the USDA, he is weaponizing basic needs to send immigrant families one message: “You aren’t welcome here.” That’s what the real border shutdown looks like. We all must fight back against this racist, abusive policy.”

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Messaging - Key Concepts

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Messaging - Key Concepts

Big Dangerous Abusive

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  • Government-wide assault
  • Border shutdown
  • Weaponizing basic needs

Messaging - Key Concepts

Big Dangerous Abusive

  • Abuse
  • Solve problems, not create
  • Not white, not wealthy: not

welcome

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  • Government-wide assault
  • Border shutdown
  • Weaponizing basic needs
  • Immoral choice
  • Hunger, homelessness, unmet

health needs

Messaging - Key Concepts

Big Dangerous Abusive

  • Abuse
  • Solve problems, not create
  • Not white, not wealthy: not

welcome

  • Millions affected
  • Whole families (status)
  • Deportation = separation
  • Political power-grab
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  • Government-wide assault
  • Border shutdown
  • Weaponizing basic needs
  • Immoral choice
  • Hunger, homelessness, unmet

health needs

Messaging - Key Concepts

Big Dangerous Abusive

  • Abuse
  • Solve problems, not create
  • Not white, not wealthy: not

welcome

  • Millions affected
  • Whole families (status)
  • Deportation = separation
  • Political power-grab
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  • Government-wide assault
  • Border shutdown
  • Weaponizing basic needs
  • Immoral choice
  • Hunger, homelessness, unmet

health needs

Messaging - Key Concepts

Big Dangerous Abusive

  • Abuse
  • Solve problems, not create
  • Not white, not wealthy: not

welcome

  • Millions affected
  • Whole families (status)
  • Deportation = separation
  • Political power-grab
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Communications Toolkit

  • Pitch note
  • Editorial board memo
  • Statement + release
  • Op-Ed
  • Letter to the editor
  • Digital (social + email)
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State of Play

In Effect Awaiting Final Policy In Comment Period Awaiting NPRM/ Comment Period

State Department Public Charge - Implementation Changes White House Sponsor Memo

30 day deadline was June 22, and 90 day and 180 day deadlines are coming up

DHS Public Charge Rule DHS Fee Waiver Rule Closes July 5 HUD Rule Closes July 9 DOJ Public Charge Rule

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Take Action Now

Comment on HUD Rule by July 9

  • Visit https://www.keep-families-together.org/
  • Check out the Spanish commenting portal where tenants, advocates, and other

community members can now oppose the rule. The comments will be professionally translated and submitted to HUD. Comment on Fee Waiver Rule by July 5

  • ILRC Template Comment
  • Advancing Justice Template Comment

Ask your MOC to co-sponsor the No Federal Funds for Public Charge Act (HR 3222)

  • Check this list to see if your MOC has supported the bill, and if not, urge them to

co-sponsor it.

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Preparing for Action on Other Threats

Stay Informed

Stay up-to-date on news, developments, and new threats that impact immigrant families.

Document

Join the hundreds of

  • rganizations working

to document the harm that these proposals are creating for mixed-status families.

Engage & Educate

Work with your public

  • fficials to be

champions in these

  • fights. Remember to

highlight great fiscal and administrative burdens that would result.

Empower

Empower affected communities with accurate information and can make informed decisions for themselves.

Activate

Notify your allies, partners, and friends and family to join you in this fight to protect immigrant families.

To join our general list and receive important updates: http://bit.ly/PIFCampaign To join as an Active Member organization: http://bit.ly/PIFActivemember To see other webinars on these threats and more: https://protectingimmigrantfamilies.org/events/ To download community education resources: https://protectingimmigrantfamilies.org/community-education-resources/ More research and policy analysis: https://protectingimmigrantfamilies.org/analysis-research/

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The PIF Website

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Questions & Answers

Please type your questions and comments into the Chatbox!