In response to DHS’s August 23, 2021, advance notice of proposed rulemaking, we have three goals and approaches for our comment strategy.

1. Sign on Comment to keep DHS/USCIS moving forward swiftly on an NPRM that counters the chilling effects of the Trump policy. We are drafting a sign-on comment that outlines our priorities for a less racist, less arbitrary, less dangerous public charge policy. We’ll develop it in partnership with the PIF Policy/Legal Working Group and Steering Committee. In early October, we’ll encourage local, state, and national organizations to sign onto the comment and share widely with their networks in time to submit on October 22. We’d like to get hundreds, if not thousands, of signatures, so please prepare to encourage your networks to consider signing on.

2. Detailed organizational comments to ensure DHS hears our suggested approach and that it is justified by prior policy, practice, and law. We will work with a small number of organizations with deep expertise to strategize about detailed comments and share recommendations.  We’ll have an initial organizing call after Labor Day where groups can connect with each other.

3. Listening session participation to build power by engaging impacted communities in advocacy. We encourage organizations and individuals who want to speak out to participate in two DHS virtual listening sessions:
   
   Tuesday, September 14, 2021 at 2 pm ET - Listening Session for General Public (Must register by noon ET on Sunday, September 12)
   
   Tuesday October 5, 2021 at 2 pm ET - State, Territorial, Local and Tribal Benefits Granting Agencies and Nonprofit Organizations only (Must register by noon ET on Sunday, October 3)

Here is what we know about the listening sessions:

• Each listening session will be only 90 minutes long, and speakers will enter a code on their phones to queue up for presentations.

• Speakers must present in English, but real-time translation on the speaker’s end is welcome, and we do not expect DHS will ask questions of presenters.

• Speakers do not need to identify themselves at all

A new report released this week summarizes the findings of focus groups commissioned by the Robert Wood Johnson Foundation, exploring how public charge affects access to health coverage and care. PIF partner Community Catalyst is working with RWJF and local, state and national partners to incorporate the findings into outreach and enrollment materials, as well as other strategies to increase a more accurate awareness of how public charge impacts enrollment in benefit programs, including Medicaid. The report, by the research firm PerryUndem and the issue advocacy firm Betty & Smith, offers a wealth of information and nuanced insights useful for our work. Key takeaways for PIF partners include:

• The public charge chilling effect is real

• Our messages are on-target

• Latino immigrant families are more aware of and more likely to use the term “public charge” than other immigrant families

• Immigrant families understand that elections are cyclical and that Trump or someone like Trump may return, and that reality limits the effectiveness of any single communication

• Immigrant families need to hear the message over and over again, from diverse sources including government officials and immigration attorneys

The precarious reality facing immigrant families right now also underscores the value of policy change initiatives like the ANPRM and the LIFT the BAR Act. Meanwhile, it’s a reminder that we have a solid message but must redouble our efforts to deliver it to immigrant families.