ANPRM At OMB: What You Need to Know

Dear Allies,

Last week, we heard the news that the DHS's Advance Notice of Proposed Rulemaking (ANPRM) on the public charge rule was at the Office of Management and Budget (OMB). Read below for a breakdown on what that means, implications for our advocacy, and what comes next in the rulemaking process.

We're also sharing new research and reports that cover the impacts of the COVID-19 pandemic on immigrant families, as well as updated policy guidance from the Administration for Community Living that clarifies the changes in the public charge rule for the aging and disability networks.

Last week, the Office of Management and Budget (OMB) posted that the Department of Homeland Security (DHS) Advance Notice of Proposed Rulemaking (ANPRM) on public charge was now at OMB. This means that OMB and administration officials are reviewing the ANPRM before publication and soliciting formal comments from the public. The issuance of the ANPRM would be the first of three steps in Biden DHS’ regulatory reform process on public charge. After the ANPRM is issued, we can expect a Notice of Proposed Rulemaking (NPRM), proposing specific changes to public charge policy and again offering an opportunity to comment, as well as a Final Rule, incorporating stakeholder comments and hopefully cementing a more responsible regulatory policy on public charge. Keep in mind, until a final rule is issued, DHS will continue to follow the public charge policy in the 1999 Field Guidance.

When the ANPRM is published, and again after the NPRM is published, PIF will ask partners to submit comments that show DHS why it’s important to issue final regulations and push for modernization and clarification of the policies in the 1999 Field Guidance. If you participated in public charge advocacy with us in 2017-2020, keep in mind that we are in a different posture now. Rather than creating barriers to the Trump administration issuing a harmful rule, we will be offering guidance so that the Biden Administration can issue a clear and practical rule that will reduce fear of accessing public benefits. 

A new report from the Urban Institute found that three in 10 adults in California immigrant families with low incomes avoided safety net programs in 2020. The findings of this study highlight the economic hardships experienced by California immigrant families with low incomes during the pandemic, the lifeline that safety net and community supports can offer, and the barriers such families face to greater access to these programs. It also highlights opportunities for building trust with and expanding access to safety net programs for families who have not received basic supports.

In a new analysis of recently released data from the Current Population Survey, the National Research Center on Hispanic Children and Families found that the economic impact of the pandemic fell especially heavily on Latino children in immigrant families. This new data snapshot is part of a series documenting how Latino children, families, and households are faring during the COVID-19 pandemic and subsequent recovery.

Earlier this year, the Department of Homeland Security (DHS) rescinded the “public charge” rule implemented in 2019. This means that receiving or applying for most Medicaid benefits, public housing, or nutrition assistance are no longer grounds for denying an individual seeking a visa to come to the United States or to become a lawful permanent resident. Services provided through the Administration for Community Living’s (ACL) programs, and medical treatment or preventive services for COVID-19, including vaccinations, also will not count against people seeking legal entry to the country.  Click here for more information & details on the ACL’s policy changes.

As a reminder, the U.S. Department of Health and Human Services (HHS) recently asked state Medicaid and CHIP directors to take an active role in thawing the public charge chilling effect. The Informational Bulletin, sent to states by HHS’ Center for Medicare and Medicaid Services, underscores that the DHS 2019 Public Charge Final Rule is no longer in effect.

In Solidarity,

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

Visit us at https://protectingimmigrantfamilies.org/