HUD Mixed-Status Proposed Regulations WITHDRAWN!

Dear Allies,

As more and more individuals become eligible for the COVID vaccine across the country, it is critical that accurate messages regarding vaccine eligibility reach the communities hardest hit. This week, we are happy to share the great news from HUD about the withdrawal of the mixed-status rule as well as social media messaging made by the CDC that emphasizes equitable access to COVID vaccines regardless of health insurance or immigration status. We are also sharing updates made to the Department of State’s FAM guidance on public charge, and an updated version of our FAQ document to reflect those changes. 

Last week, the Department of Housing and Urban Development (HUD) published in the Federal Register  that it was withdrawing its mixed-status proposed regulations issued during the Trump administration. If implemented, the regulations would have forced 25,000 mixed status families in public housing and Section 8 programs to separate or face eviction, including 55,000 children eligible for housing assistance. During the comment period in 2019, more than 30,000 comments were submitted to HUD, overwhelmingly in opposition of the proposed regulations. Thank you and congratulations to our partners at the National Housing Law Project (NHLP) and the National Low Income Housing Coalition (NLIHC) for their leadership and to our partners affiliated with the Keep Families Together campaign for their successful fight against these proposed regulations! Here is NHLP’s statement and here is NLIHC’s statement on the withdrawal of the proposed rule.

The Center for Disease Control has some social media messaging emphasizing that vaccines are free for everyone regardless of their immigration or health insurance status. Please help amplify by sharing with some of your partner groups that serve communities with this concern. CDC also has Spanish versions of these social media messages on Twitter and Facebook.

• https://twitter.com/CDCgov/status/1375100422092902414

• https://www.facebook.com/CDC/photos/a.184668026025/10159006761671026

For decisions about applications for admission or LPR status processed outside the U.S. (at embassies or consular offices abroad), the Department of State updated the Foreign Affairs Manual (“FAM”) guidance on March 25, 2021 to make it consistent with the 1999 INS Field Guidance, and to provide other helpful details. These guidance documents make it clear that the use of most public benefits programs, such as health, nutrition, and housing programs, will not have an impact on an individual’s immigration status. For a quick overview of the 1999 Field Guidance, please see PIF’s ABCs of Public Charge resource.

PIF has recently updated our Frequently Asked Questions resource to reflect the State Department’s changes to the Foreign Affairs Manual (FAM). This document captures answers to frequently asked questions from advocates and providers about public charge policy changes from the 2019 regulations to the longstanding policy in effect before the Trump-era regulations, including the following FAM-specific questions: How does the State Department’s FAM define public charge? Which benefits are considered in a public charge test under the FAM? How does the public charge test work under FAM? If you have a question that is not answered in the FAQ, please use this form to submit a question. Please note that we are only accepting questions from advocates and service providers and we cannot answer questions about individual situations or cases.

In Solidarity,

Eddie Carmona & Renato Rocha, on behalf of the PIF Team

Visit us at https://protectingimmigrantfamilies.org/