Sonia Mansoor is Manager of Public Benefits Legal Advocacy and Nabah Ikram is the Immigration Specialist at Sanctuary’s Immigration Intervention Project. They are co-chairs of Sanctuary’s Public Charge Advocacy Subcommittee.
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Sanctuary for Families stands with immigrant survivors of violence in condemning the proposed changes to the “Public Charge” doctrine that will detrimentally impact the well-being and health of vulnerable communities including children, pregnant women, and the elderly.
As the public comment period ends tonight, we invite you to learn about the severity of these changes and urge you to join us in preventing the implementation of this heartless rule by submitting comments to the Department of Homeland Security (DHS) today.
WHAT IS PUBLIC CHARGE?
To enter the United States or to obtain lawful permanent residence, certain noncitizens have to demonstrate that they are unlikely to become a “public charge,” which currently refers to someone who is “primarily dependent on the government for subsistence.” On October 10, 2018, however, DHS published new provisions that broaden this definition to “someone who receives one or more public benefits.”
Currently, the United States Citizenship and Immigration Services (USCIS) can deny adjustment to Legal Permanent Resident Status or admission to the United States to individuals who have received public cash assistance or institutionalization for long term care. Under these proposed changes, USCIS will also consider participation in the following programs in a public charge determination:
- Supplemental Nutrition Assistance Program (SNAP)
- Non-emergency Medicaid
- Low-income subsidies under Medicare Part D
- Housing choice vouchers, project-based subsidies, and public housing
The proposed regulation also adds criteria to the “totality of circumstances” evaluated in each determination and changes the weights attributed to certain “positive” and “negative” factors. Among the heavily-weighted negative factors are current or recent unemployment, current receipt of public benefits, and a lack of unsubsidized health insurance.
HOW DO THESE CHANGES IN THE PUBLIC CHARGE RULE RELATE TO ISSUES OF GENDER VIOLENCE?
While there are important exceptions to the proposed rule – including refugees, asylum applicants, victims of domestic violence and other serious crimes, VAWA self-petitioners, special immigrant juveniles – there is no guarantee that such exceptions will provide sufficient protection to vulnerable communities. At Sanctuary, we are seeing that a significant number of survivors of domestic violence and sex trafficking, confused by the new rule’s language and its arbitrary standards, are already cancelling critical public assistance benefits to which they may be legally entitled.
Lori Adams, Director of Sanctuary’s Immigration Intervention Project (IIP), explained the risks that this new regulation poses to immigrant survivors and their families:
Poverty and homelessness are the high prices that many immigrant survivors of gender-based violence pay to escape abuse. At Sanctuary for Families, we see this firsthand with our clients, over 75% of whom are immigrants. Many survivors, often with small children, are afraid of being forced to return to dangerous and abusive situations due to lack of resources. The fear is that the Administration’s proposed “public charge” rule will discourage them from applying for public benefits and housing assistance. They may, consequently, be faced with an impossible choice, between feeding their children or pursuing immigration status that could save their lives.
JOIN US IN TAKING ACTION NOW!
Sanctuary is committed to pushing back against the incremental erosion of the rights of immigrant survivors seeking protection in this country. Our Public Charge Advocacy Committee has been working with Cohen & Gresser LLP in developing desk aids and flyers for our clients and staff members that clarify whether someone of a particular immigration status would be deemed a public charge. Furthermore, the firm Morgan Lewis & Bockius LLP drafted Sanctuary’s official comments on the Public Charge Rule for submission to the DHS.
Finally, our Survivor Leaders and staff members drafted and submitted individual and department-specific comments after being trained by members of Sanctuary’s Public Charge Advocacy Committee. Below are some of the comments our Survivor Leaders submitted to the DHS:
Submitter: Anonymous
I am a legal resident alien originally from the Dominican Republic. I am currently on disability benefits because of bipolar disorder. Previous to my status of disability I have worked since I was in Junior High School. Also, though I am not working at the moment, I am an active member of my church where I volunteer many hours. Also, I volunteer in my community helping fellow tenants understand their rights to prevent homelessness. Lastly, I am a mentor at Sanctuary for Families, a non-profit organization, and educate the community on domestic violence.
To assume that because a person has a need today that they will be forever a charge on the system is short sighted. Although I was diagnosed with bipolar disorder in 1992 and am a survivor of domestic violence I have managed to raise two independent women. My oldest daughter graduated from George School and Haverford College; she also has a Master’s Degree from Middlebury College. My youngest daughter, who quit college (she was working on a Bachelors in Engineering at Syracuse University) has a good job in the retail industry.
I suspect that there are many people who are applying for entry to this country that fit this profile. I urge you to reconsider this decision especially in this country made by immigrants. Ultimately, the United States is the one that’s going to suffer as immigrants bring fresh ideas. Einstein was an immigrant! Remember him? Please remove this regulation.
Submitter: Guadalupe
I recommend the department security please take a moment and thinking about these families who receive some public assistance.
I am a mother of 3 children and work every day to clean houses and the food stamps help to have food on my table. My 2 older children was in the college and that benefit help me for they went to the college. If I did not take the benefit my children did not got the education because they needs to work and help me to pay the bills for my house.
This is not only my history. We are many families and work every day but the bills are so expensive in New York.
Please thinking about this families, Medicaid help to families for health care, and the other benefits is for food of the children.
Submitter: Deyanira
In my opinion the proposed regulation will hurt a lot of families because the people who apply for public assistance are low income and are in poverty. I work with the community and I know them. There are so many people who are immigrants and they didn’t apply for public benefits for themselves, but for their children. I work with Mixteca community, Neighborhood Advisory Board (NAB), Parent Teacher Association (PTA) President, Community Education Council (CEC) of District 14, and also I am a Survivor Leader for Sanctuary for Families. I will be affected because I do not have any immigration status.
The public comment period is about to end, but you can still take action and help protect the rights of survivors of gender violence and their families. Submit a comment requesting the DHS to withdraw the proposed “Inadmissibility on public charge grounds” rule here: https://www.regulations.gov/document?D=USCIS-2010-0012-0001