The Department of Homeland Security (DHS) published an advanced notice of proposed rulemaking on the Public Charge Rule titled “Public Charge Ground of Inadmissibility.” This is the first of three steps in the larger reform process that would lead to a final rule. The Keep Families Together Campaign and the Protecting Immigrant Families (PIF) campaign are encouraging advocates to submit comment letters. Letters should focus on the need to define public charge for inadmissibility purposes as a person who is “likely to become primarily and permanently reliant on the federal government to avoid destitution” and to spell out what programs are or are not considered in a public charge determination. It is important that programs related to housing, homelessness, and disaster benefits are not counted.
Letters should respond to one or more categories in the “Request for Information” section of the notice:
- Purpose and Definition of Public Charge
- Prospective Nature of the Public Charge Inadmissibility Determination
- Statutory Factors
- Affidavit of Support Under Section 213A of the INA
- Other Factors to Consider
- Public Benefits Considered
- Previous Rulemaking Efforts
- Bond and Bond Procedures
- Specific Questions for State, Territorial, Local, and Tribal Benefit Granting Agencies and Nonprofit Organizations
The deadline to submit a comment is Friday, October 22. Housing and homelessness advocates are encouraged to use this template and submit their letters to regulations.gov before the deadline. Instructions on how to use the template and submit letters can be found in the document.
PIF has also developed an organizational sign-on letter with the goal to send a strong signal to the administration that issuing a public charge Notice of Proposed Rulemaking and Final Rule is a high priority and that there is substantial consensus among organizations around the country on which direction the policy should go. The deadline to sign on your organization is due by Wednesday, October 20. The sign-on comment urges DHS to:
- Prevent abuses like those we saw under the Trump administration by clearly defining the term “public charge” as a person who is “likely to become primarily and permanently reliant on the federal government to avoid destitution”
- Secure access to programs that help immigrants and their families thrive by affirmatively:
- Considering only federally funded Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF) in a public charge determination
- Clarifying that qualifying immigrants and their families can safely use a range of federal programs, including all types of Medicaid, SNAP, and Section 8, as well as state- and locally funded programs for which they are eligible
- Excluding family members’ and sponsors’ use of any program
- Exempting the use of any program by a child, by a survivor of domestic violence or other serious crime, or by anyone during national emergencies
- Direct immigration officers that an affidavit of support creates a presumption that the applicant overcomes the public charge ground of inadmissibility
- If immigration officers identify a circumstance that might meet the definition of a public charge, examine the totality of circumstances to see if there is evidence to overcome the circumstance
Read the notice on “Public Charge Ground of Inadmissibility” at: https://bit.ly/3j80tzs
The Keep Families Together’s comment template is at: https://bit.ly/KFT_Template
PIF’s Organizational Sign-on Letter can be found at: https://bit.ly/3mWBvnT
Visit the Keep Families Together Campaign website at: https://www.keep-families-together.org/
To learn more about the housing impact of the Public Charge Rule, visit NHLP’s Public Charge Resource page.
To learn about the rule more generally, read the What Advocates Need to Know Now Fact Sheet.