House Democrats Seek to Block ‘Public Charge’ Rule

Representative Judy Chu (D-CA) and 49 Democratic colleagues in the House introduced the “No Federal Funds for Public Charge Act of 2018” (H. R. 7052) on October 9. The bill, which was referred to the House Committee on the Judiciary, aims to prevent the use of any federal funds, including fees, to “implement, administer, enforce, or carry out” the proposed Department of Homeland Security rule, "Inadmissibility on Public Charge Grounds."  Under the public charge rule, noncitizens seeking admission to the U.S., applying for lawful permanent resident status (a green card), or seeking an extension of, or changes to, their non-immigrant status are subject to a review to determine whether they are or might become a “public charge” – someone primarily dependent on the government for subsistence (see Memo 10/15).

The U.S. Department of Homeland Security (DHS) formally published for public comment its draft public charge rule in the Federal Register on October 10. Comments are due December 10. The Protecting Immigrant Families (PIF) Campaign released a statement signed by more than 1,500 organizations, including NLIHC, across all fifty states and DC opposing the proposed public charge rule.

The bill was cosponsored by Representatives Debbie Wasserman Schultz (D-NY), Pramila Jayapal (D-WA), Gwen Moore (D-WI), Adriano Espaillat (D-NY), Keith Ellison (D-MN), Chellie Pingree (ME), Jan Schakowsky (D-IL), Yvette Clarke (D-NY), Jimmy Panetta (D-CA), Eleanor Holmes Norton (D-DC), Michelle Lujan Grisham (D-NM), Barbara Lee (D-CA), Karen Bass (D-CA), Mike Thompson (D-CA), Ro Khanna (D-CA), Mark Pocan (D-WI), Janet Napolitano (D-CA), Frederica Wilson (D-FL), Andre Carson (D-IN), Luis Gutiérrez (D-IL), Jim McGovern (D-MA), Adam Smith (D-WA), Bonnie Watson Coleman (D-NJ), Tony Cárdenas (D-CA), Jimmy Gomez (D-CA), Mike Quigley (D-IL), Earl Blumenauer (D-OR), Jerrold Nadler (D-NY), John Lewis (D-GA), Rosa DeLauro (D-CT), José Serrano (D-NY), Frank Pallone (D-NJ), Mark DeSaulnier (D-CA), Dina Titus (D-NV), Nydia Velázquez (D-NY), Joseph Crowley (D-NY), Steve Cohen (D-TN), Gerald McNerney (D-CA), Rick Larsen (D-WA), Darren Soto (D-FL), Albio Sires (D-NJ), Jared Huffman (D-CA), Kathleen Rice (D-NY), Bennie Thompson (D-MS), Suzanne Bonamici (D-OR),  Eddie Bernice Johnson (D-TX), Lucille Roybal-Allard (D-CA), Hank Johnson (D-GA), and Raymond Eugene Green (D-TX). Representatives Eliot Engel (D-NY), Elijah E. Cummings (D-MD), and David Price (D-NC) signed on to cosponsor the bill on October 12.

In a press release announcing the introduction of the bill, Representative Chu stated: 

“The so-called ‘public charge’ rule is a blight. It creates two distinct classes of tax payers, creating an unfair ‘pay-to-play’ system. Benefits like SNAP are proven at reducing poverty and improving future achievement, but now, Trump is trying to stigmatize the program – and others like it – so that immigrants will be afraid to use it. Immigrants are our neighbors and co-workers, and play a vital role in our communities. This proposed rule only makes their lives more difficult solely based on where they were born. It is a hateful policy devoid of merit or morality and not one dollar of federal money should be used to implement it, should it become finalized. I’m proud that so many of my colleagues have joined me to stop Trump’s attempt to weaponize federal policy in his hateful war on immigrants.”

The PIF Campaign, co-chaired by the Center for Law and Social Policy (CLASP) and the National Immigration Law Center (NILC), have launched a new website that includes a partner toolkit comment FAQanalysis of the proposed changes to the public charge rule, and a comprehensive promotional toolkit for Facebook, Twitter, and Instagram that has sample graphics and text for social media and email.  

Read the No Federal Funds for Public Charge Act of 2018 (H. R. 7052): https://bit.ly/2NN5L0M

The proposed rule is at: https://bit.ly/2RGm2rw

An easier-to-read, but 434-page version of the proposed rule, is at: https://bit.ly/2IRcsOD

Read the Memo article from October 15 at: https://bit.ly/2pY03je

Read the Memo from October 9 on the Fact Sheet provided by the National Housing Law Project (NHLP) at: https://bit.ly/2RXdE7m

View the NHLP Fact Sheet, “What Housing and Homelessness Advocates Should Know” about the public charge rule at: https://bit.ly/2IECGno