Getting Prepared for DHS Final Rule Implementation and Other Ways to Fight Back

Dear Allies,

Last Wednesday, USCIS issued new policy guidance, as well as several updated and new forms and instructions in anticipation of the Feb. 24 implementation date. Except in Illinois, where the rule is still enjoined by a preliminary injunction, applicants must use these forms if postmarked (or submitted electronically, if applicable) on or after Feb. 24, 2020. We will keep you posted on whether this state-specific injunction remains in place, as the government has renewed its request for the 7th Circuit to stay the Illinois injunction based on SCOTUS’s decision. 

The campaign team is presently analyzing these materials and hope to share analysis within the coming days and weeks. Please stay tuned. In the meantime, we do want to note that USCIS has explicitly stated that it will not consider an immigrant’s receipt of the newly listed benefits before Feb. 24, 2020 in the public charge determination.

For more information on the state-of-play of public charge policies in the U.S. and abroad, check out our recently updated Fact Sheet for Advocates. For information on what’s in the final rule, we recommend this Public Charge FAQ Document. 

TRANSLATED RESOURCES & VIDEOS

Updated community education resources are available on the Know Your Rights section of our website. We are happy to announce that Spanish translations of our materials are now available and more translations will be posted next week:

•  Carga Pública: ¿Aplica en mi Caso?

• ¿Debo mantener la inscripción de mis hijos en los programas de salud y alimentación?

• ¡CONOZCA SUS DERECHOS! Mensajes sobre carga pública para los miembros de la comunidad

In addition, please help us document the real harm of this rule. We are tracking examples through this google form. 

In addition, we ask you to help us fight back against two other proposals from USCIS that would negatively impact immigrant families. Below is more information and resources to help you take action now. 

Fee Hike Rule:
Deadline for Comments is TODAY!

USCIS has reopened their comment period for a proposed change to the fee schedule for an additional 15 days, ending today (February 10). This impending rule change would hike fees for immigration benefits, blocking low-income immigrants from gaining status or citizenship. The proposal would get rid of all non-statutory fee waivers, create a new $50 asylum application fee, raise other fees (e.g. 80%+ increase in the naturalization fee) and transfer of $200 million of USCIS revenue to ICE. Our partners at CLINIC have developed a template organizational comment. 

Sponsor Information Collection:
Comment Period Ends on February 18

USCIS has proposed an information collection that would ask federal, state, and local agencies using the SAVE system used to verify benefit applicants’ immigration status  to enter information about sponsor deeming and reimbursement. These proposed changes would collect information about whether a benefits granting agency deemed a sponsor’s income in processing a benefits application and whether/how it pursued sponsors for reimbursement. This information collection follows a presidential memo and agency guidance on sponsor deeming and reimbursement issued last year. Comments are due by February 18. The PIF Campaign has developed a  draft template comment for our partners. We also have a fact sheet on sponsor deeming and liability in case you get questions from community members about this topic. 

Thank you for your continued partnership!

Madison Allen, Center for Law and Social Policy, &
Connie Choi, National Immigration Law Center

Visit us at https://protectingimmigrantfamilies.org/