The Public Charge Rule is now in effect nationwide after the U.S. Court of Appeals for the Seventh District halted an order that would void the DHS rule (see Memo, 11/09), so the Protecting Immigrant Families (PIF) campaign has developed two new tools that provide resources for housing and the public charge test. PIF's first tool is a fact sheet for housing advocates that offers basic information about the Public Charge Rule and housing programs. The second tool is directed at immigration attorneys to help counsel their clients who are concerned about the impacts of the Public Charge Rule.
The tools were co-created with the Shriver Center on Poverty Law and included input from the National Housing Law Project and NLIHC. Advocates should check the PIF website periodically as new material is added.
The DHS final Public Charge Rule published in 2019 would affect immigrants applying for lawful permanent residence, attempting to extend their stay in the U.S., or making other adjustments to their immigration status. The rule would consider them a “public charge” if they receive or might receive government assistance—including public housing, Housing Choice Vouchers, and Section 8 Project-Based Rental Assistance. Immigrants considered to be a public charge could be denied a green card or visa. Research has shown that the final rule has already negatively impacted low-income immigrant families and their enrollment in public assistance programs.
The rule has also had a chilling effect on individuals and families who are not subject to the Public Charge Rule. Avoidance of public programs is putting an additional burden on families with children, due to the short-term impact and long-term impacts of not having these resources can have on their development. While the rule excludes benefits used by children as a factor in their parents’ public charge determination—the family's reluctance to enroll in public programs due to the fear caused by the public charge rule will make it harder for them to address their basic needs. The Public Charge Rule puts immigrant families' health and well-being at risk, especially as we deal with the current COVID-19 pandemic.
It is important to note that the Public Charge Rule will not apply to testing, screening, or treatment of communicable diseases including COVID-19.
Read PIF’s “Public Charge and Affordable Housing: Get the Facts” at: https://bit.ly/35PepZf
PIF’s “Affordable Housing and Public Charge Toolkit” for immigration attorneys can be found at: https://bit.ly/32URsSk
Find additional resources on Public Charge and other issues by PIF at: https://bit.ly/2IVE49C
The Protecting Immigrant Families campaign website is at: https://protectingimmigrantfamilies.org/