Department of Homeland Security Affirms Disaster Relief Services Are Safe for Immigrants to Access

The U.S. Department of Homeland Security (DHS), along with U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), released a statement on September 28 reminding the public that emergency response and relief sites are considered protected areas, or areas that are generally protected from enforcement actions by ICE and CBP. In the wake of recent hurricanes in Puerto Rico and Florida, the statement clarifies that ICE and CBP do not conduct immigration enforcement activities in protected areas, including evacuation routes, sites used for shelter or emergency supply distribution, or sites designated as registration sites for disaster-related assistance. The statement explains that “DHS is committed to ensuring that every individual who seeks shelter, aid, or other assistance as a result of Hurricane Ian is able to do so regardless of their immigration status.”

The Biden administration finalized a new “public charge” rule in September (Memo, 9/12), adding critical protections for immigrant families’ access to social safety net programs, including housing. The final rule clarified that several health and social services are not considered in a public charge determination, a decades-old test to deny temporary admission into the U.S. or deny requests to change one’s status to lawful permanent resident (i.e., green card holder). The final rule stated that “DHS will not consider disaster or pandemic assistance as those benefits are for a specific purpose – dealing with the natural disasters (including hurricanes or wildfires) or pandemics and their aftermath.”

View the DHS statement at: https://bit.ly/3T3cFkz

Access Protecting Immigrant Families’ community resources (available in nine languages) at: https://bit.ly/3MhzyyB 

Read the text of the final public charge rule at: https://bit.ly/3L3KWxE