A Public Charge Update

Dear Allies,

Today we are sharing with you a recent development on the status of the public charge Advance Notice of Proposed Rulemaking (ANPRM). As a reminder, this is the first of three stages in the larger reform process that would ultimately lead us to a final rule. Keep reading for a new state of play, and stay tuned as we learn more.

Earlier this month, we shared that the Department of Homeland Security (DHS) Advance Notice of Proposed Rulemaking (ANPRM) on public charge was under review at the Office of Management and Budget (OMB). Late last week, OMB concluded its review, meaning that DHS can now publish the ANPRM for public comment at any time. PIF is closely monitoring the Federal Register and will keep partners informed of any updates. Once the ANPRM is published, we’ll ask partners to join advocacy efforts that show DHS why it’s critical to move quickly to issue final regulations that are clear and reduce immigrant families’ fear of accessing public benefits.

As a reminder, the issuance of the ANPRM would be the first of three steps in Biden DHS’ regulatory reform process on public charge. After DHS reviews the responses to the ANPRM, we can expect a Notice of Proposed Rulemaking (NPRM), proposing specific changes to public charge policy and again offering an opportunity to comment. The last step would be publication of 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.

PIF recently updated its fact sheet documenting the harm of public charge policy during the COVID-19 pandemic. The fact sheet has been updated to include new research and recent news articles about the continued harm of the Trump-era policy since it was reversed. Overall, the research featured in the fact sheet detail how the former Trump-era public charge regulations contribute to immigrant families’ fear to seek public benefits, amplify the COVID-19 pandemic’s health and economic harm, and undermine vaccination efforts. This research strongly supports swift rulemaking -- to cement and clarify the policy details -- as well as accompanying outreach efforts by the Biden administration to make clear that it is safe for immigrant families to access health care, nutrition, housing, and other economic support programs. 

Join the National Immigration Law Center this afternoon, August 17th from 3-4pm ET / 12-1pm PT to learn more about immigrant-inclusive state Earned Income Tax Credit (EITC) campaigns that cover ITIN filers. Join leading activists and experts from across the country to learn about how to build and support an effective ITIN-inclusive EITC campaign. Six states across the country have already passed immigrant-inclusive EITC legislation, and we hope many more states will soon increase that number! Click HERE for more information and to register.

In Solidarity,

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

Visit us at https://protectingimmigrantfamilies.org/