The New Public Charge Rule and SC LOUISE POCOCK, IMMIGRATION POLICY ATTORNEY STATEWIDE WEBINAR • AUGUST 27, 2019 1:00PM
What is Public Charge? Who is exempt from public charge? What are the new changes to public charge? Impact of new public charge rule Important info for immigrant community about public charge Possible rule on Public Charge and deportability Fighting back! 2
“Public charge” or the “public charge test” is a longstanding rule used by immigration What is officials to decide whether a public person can enter the U.S. charge? (inadmissible) or get a green card (lawful permanent resident or “LPR” status). 3
Long standing public charge test Previous Definition: • person who is considered “likely to become primarily dependent on the government for subsistence” Previous benefits considered: • Only two types of benefits considered: 1.Cash assistance for income maintenance 2.Institutionalization for long-term care at government expense 4
Long standing public charge test Forward looking: Totality of circumstances: Is the person likely to rely on cash or long-term care in the ▪ Age ▪ Financial status future? ▪ Health ▪ Education and No one factor can determine ▪ Family skills whether someone is a public status ▪ Affidavit of charge support 5
The public charge test applies when someone: Applies to enter the U.S. Applies to adjust status to become a Lawful Permanent Resident (LPR) in the U.S. An LPR leaves the U.S. for more than 180 consecutive days(6 months) and seeks to reenter 6
Who is exempt from public charge? Public charge DOES NOT apply to: ✓ Lawful Permanent Residents applying for citizenship ✓ Refugees and Asylees ✓ VAWA Self-petitioners and derivative applicants ✓ Survivors of Domestic Violence, Trafficking, or Other Serious Crimes (U or T visa applicants/holders) ✓ Special Immigrant Juveniles ✓ Certain Parolees, and several other categories of non-citizens 7
Overview of new public charge rule: New definition Totality of Additional of public circumstances public benefits charge changed considered 8
New public charge definition: New Final Definition: Previous Definition: A person who “receives one or more public benefit… for more than 12 An immigrant “likely to become months in the aggregate within any primarily dependent on the 36-month period (such that, for government for subsistence” instance, receipt of two benefits in one month counts as two months).” 9
New totality of Under 125% FPL (negative) Income and Over 250% FPL (heavy positive) Financial Status circumstances test: Under 18 or over 61 (negative) Age “A dequate education and skills to either obtain or Education and maintain lawful employment” Skills Limited English Proficiency (likely negative) Medical condition likely to require extensive treatment, Health institutionalization, or interferes with ability to care for self, attend school or work (negative) Large family with low income (negative) Family Status Immigration officer will determine “likelihood that the Affidavit of sponsor would actually provide the statutorily-required Support amount of financial support” Receiving public benefits at time of application or Receipt of Public received more than 12 months of benefits in 36 Benefits months before application (heavily negative) 10
New public benefits added: Long-standing Policy: Newly Finalized Rule: Medicaid Supplemental Nutrition (But NOT Emergency Cash Assistance for Assistance Program Medicaid or Medicaid IncomeMaintenance for pregnant women (SNAP or Food Stamps) and children) Housing Assistance (Public Housing or Federal, State, Local and Long Term Institutional Care Section 8Housing TribalCash Assistance at Government Expense Vouchers and Rental Assistance) 11
Impact: Chilling Effect 26 Million people in families with immigrants may be chilled from receiving assistance they need Source: “Public Charge Proposed Rule: Implications for Non - Citizens and Citizen Family Members Data Dashboard,” Manatt Health, October 2018” 1 in 4 children in U.S. have an immigrant parent 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 out of 7 adults in immigrant families reported avoiding public benefit programs in 2018 Source: Urban Institute https://www.urban.org/research/publication/one-seven-adults-immigrant-families-reported-avoiding-public- benefit-programs-2018 12
Impact: immigration for wealthy only 69% of immigrants granted lawful permanent residency status (LPR) in last 5 years had at lease one negative factor Source: Randy Capps, Mark Greenberg, Michael Fix, and Jie Zong “Gauging the Impact of DHS’ Proposed Public - Charge Rule on U.S. Immigration,” Migration Policy Institute, Nov. 2018, https://www.migrationpolicy.org/research/impact-dhs-public-charge-rule-immigration 13
Important info for the immigrant community: Many Know Your Still time to Rights! fight! exemptions! • Rule designed to • Multiple lawsuits • Humanitarian immigrants filed be confusing - • Congressional • Lawful Permanent Fight fear with action possible Residents (LPRs) facts! residing in U.S. • U.S. citizens 14
Important info for someone subject to public charge: Benefits alone will not make you a public charge and stopping benefits may not help you avoid a public charge denial. The public charge test does not consider benefits used by family members. Benefits used by eligible family members are not counted unless the family members are also applying for a green card. The rule does not consider benefits used before October 15, 2019. Your personal information is protected by benefit programs. 15
How to talk with families about Public Charge Do you or your family members already have green cards? The DHS public charge test does not apply to you. However, if you plan to leave the country for more than 6 months, it is a good idea to talk with an immigration attorney. *The public charge test is not part of a US Citizenship application. Do you have or have applied for one of the following statuses? ● U.S. Citizenship ● U or T Visa ● Green card renewal ● Asylum or Refugee status ● DACA renewal ● Special Immigrant Juvenile Status ● TPS The public charge test does not apply to the categories listed here. If you already have or are in the process of applying for one of these immigration statuses, you can continue to use any government programs that you qualify for. 16
How to talk with families about Public Charge Does your family plan to apply for a green card or visa from inside the United States? If you aren’t sure whether or not this policy applies to you, we recommend that you seek advice from an attorney who understands the new changes. If you are not subject to the public charge test, we recommend that you continue to get the assistance that you and your family needs. Does your family plan to apply for a green card or visa from outside the United States? U.S. consular offices abroad use different rules in making this decision You should talk with an expert for advice on your case before making any decisions. For free or low-cost options near you, go to: www.immigrationadvocates.org/nonprofit/legaldirectory 17
How to talk with families about Public Charge I was just granted asylum status a few months ago, now I’m worried I’m scared to sign up for WIC, I that using SNAP is going to stop me know that WIC is a public benefit. from getting my green card. I’m pregnant and need help. I’m Coverage under my Medicaid plan currently enrolled in Medicaid but is the only option for health I’m afraid it will be used against insurance for my children who 12 me. and 19 years old. My brother is applying for My friend says public charge will citizenship but uses Section 8 apply to her. She disenrolled from housing vouchers. Is he a public SNAP. She said I should too. charge? 18
I was just granted asylum status a The public charge test does not apply to asylees. We few months ago, now I’m worried encourage you to stay enrolled in SNAP - it will not that using SNAP is going to stop me impact your green card application. from getting my green card. I’m pregnant and need help. I’m The public charge test will not consider non-emergency Medicaid used by pregnant women up until 60 days currently enrolled in Medicaid but I’m afraid it will be used against after they give birth. We encourage you to get the me. health care that you and your baby need. Everyone’s situation is different. What may be good My friend says public charge will advice for one person could be bad advice for another. apply to her and so she disenrolled We encourage you to learn more about your situation from SNAP. She said I should too. and speak to an immigration attorney. 19
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