Dear Allies,
We know that many of you have questions about the latest public charge developments. We have a new resource to help: Public Charge Update: What Advocates Need to Know Now. If you missed our call last week with information about the current state of play, you can access the recording here.
Although DHS’s public charge changes are currently on hold, we know that these threats continue to create fear and confusion for many immigrant families. A new study from Kaiser Family Foundation found that nearly half of community health centers report that immigrant patients declined to enroll themselves in Medicaid in the past year. The Protecting Immigrant Families Campaign remains committed to fighting fear with facts. Read below for answers to two of the most common questions we received last week and details about an upcoming webinar for immigration attorneys. We are currently working to update our community facing resources and will have new materials to share with you soon.
FAQs On Public Charge
Q: I know that the DHS public charge policy is currently blocked by the courts, but could an individual’s use of Medicaid, SNAP or housing benefits after October 15 hurt him/her if applying for a green card in the U.S. if the case is appealed and the rule goes into effect?
A: DHS clarified that the effective date of the final rule is postponed until there is a final resolution in the cases. The federal district court in New York also made it clear that the rule will not take effect until the injunctions are overturned. Under policy guidance from 1999 which remains in effect today for immigrants with applications processed inside the U.S., the use of health, nutrition and housing programs can NOT be considered in the public charge determination.
Q: What is the current public charge policy for immigrants who have applications processed outside the U.S?
A: For now, the public charge policy in the Foreign Affairs manual updated in January 2018 remains applicable. The interim final rule from the State Department will not take effect until 1) new forms are published and 2) the Foreign Affairs Manual is updated. We do not know how long this will take and will keep you up to date as we learn more.
Upcoming Public Charge Webinar for Immigration Attorneys
Friday, November 1, 1pm ET (10am PT)
The Protecting Immigrant Families (PIF) Campaign, in conjunction with MLRI, ILRC and AILA, will provide an in-depth training for immigration attorneys on public charge and an update on current litigation efforts. The training will provide detailed materials regarding benefits, calculation worksheets and other case strategy tools to help attorneys advise clients about the use of public benefits and adjusting status. Please share this invitation and registration link broadly with immigration attorneys in your networks. Continuing Legal Education credit will be available. |
