#ProtectFamilies and stop "public charge" rule proposal

October 17, 2018

From now until December 10, 2018, we have the opportunity to comment on and try to stop the proposed changes to the Federal Government’s “Public Charge” rule that has the potential to force survivors to choose between food, housing and other public supports and their applications for U.S. citizenship status.  Immigrants may be denied certain status changes if they seek certain public services that any lawful, tax-paying person shuld have a right to in ensuring health and safety for themselves and their families.

Join JDI is speaking out against this hateful, hurtful, undemocratic and unpatriotic proposals.

• You can find the rule proposal on the federal register (posted on 10/10/18).
• YOU can submit both individual and organizational comments to the Administration letting them know how this proposal will harm immigrants in your communities! Survivors can also submit comments. Instructions are available on the federal register epage.   In Massachusetts,  the Massachusetts Law Reform Institute, the Massachusetts Immigrant and Refugee Advocacy Coalition, Health Care for All, and Health Law Advocates are organizing and supporting folks who want to submit comments.

Here are some key things to know:

1. IMPACT: The proposed rule would change the current criteria used to determine whether a person applying for a green card or lawful permanent residency is likely to become dependent on the federal government. The new proposed rule expands the programs that can be considered in determination, adopts a new income threshold and considers language proficiency and health conditions.
2. NOTHING HAS CHANGED YET: The new rule was proposed on 10/10/18 and the public comment period will be open until 12/10/18. All comments must be reviewed before the rule is implemented.  So there is currently no reason for anyone to terminate or not enroll in public benefits at this time.
3. WHO WOULD BE AFFECTED: The “public charge” rule does not apply to all immigrants.  It applies to: those seeking lawful permanent resident status (LPR) through a family petition, certain individuals seeking LPR status through an employment petition, individuals seeking a visa or looking to change or extend their status; returning LLPRS who have been abroad more than 6 months. It does not apply to: green card holders applying to become US Citizens, refugees, asylees, VAWA self-petitioners, special immigrant juveniles, individuals applying for or renewing TPS,  or U and T Visa applicants.

To learn more:

The Asian Pacific Institute on Gender Based Violence has published an analysis and is hosting a webinar.

• How Will 'Public Charge' Proposed Policy Changes Impact Immigration Survivors of Domestic Violence and Sexual Assault? API-GBV Advisory by Grace Huang, J.D. (October 2018)
• Webinar:  October 25, 2018 at 4:00 pm to discuss the rule, how the determinations will be made, who is exempt and how the proposed rule impacts immigrant survivors of sexual and domestic violence and their families. AND how we can participate by submitting comments.  Registration is required register.  No charge.

**Nothing in this post should be considered legal advice; to determine the impact on a specific individual, please consult an attorney.