“The rule’s preference for immigrants who speak English would codify this Administration’s xenophobic rhetoric into actual policy, and clearly targets people of color who are less likely to already speak English.” – WLP Staff Attorney Christine Castro
On September 22, the Trump Administration’s Department of Homeland Security announced a proposed rule referred to as the “public charge” rule. Women’s Law Project filed a formal response to the rule, which you can read here.
The proposed rule would dramatically increase barriers to immigrants seeking to establish legal residency in the United States by expanding factors that would count against their immigration petitions.
Under current policy, immigration officials can deny certain immigrants a visa or a green card if the official finds the immigrant would be a “public charge,” meaning someone found likely to become “primarily dependent” on the government for financial support. Under current rules, officials are only allowed to consider an immigrant’s current or past receipt of cash assistance programs like Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF) when predicting whether someone will become a “public charge.”
Only 3 percent of noncitizens use these programs.
Under Trump, the proposed rule expands the list of factors to be counted against a person to include safety-net programs like SNAP (“food stamps”), Section 8, Medicaid, earning a low income, English proficiency, age (specifically, being over 60 or under 18 years old), having a low credit score, having a large family, and having a medical condition.
The proposed rule would affect immigrants seeking to become “green card” holders (Permanent Resident in the United States) and individuals seeking to immigrate to the U.S.
“These radical proposed changes would undermine the health and safety of immigrant families, especially immigrant mothers,” says Women’s Law Project staff attorney Christine Castro, who authored WLP’s response to the proposed rule. “It forces families to choose between health care and their hope to establish permanent legal residency.”
It is reported that an estimated 2.1 million to 4.9 million Medicaid/CHIP enrollees could disenroll if the proposed rule is approved.
“The unprecedented income test weighs current income against a person’s worth as a potential American, effectively creating an immigration system that favors wealth over hard-working individuals and their families,” says Castro. “The rule’s preference for immigrants who speak English would codify this Administration’s xenophobic rhetoric into actual policy, and clearly targets people of color who are less likely to already speak English.”
A 1999 guidance on the public charge rule expressly prohibits the consideration of non-cash assistance programs. This means many immigrants, especially immigrant women and children, have had access to healthcare, food, and housing while their immigration petitions are processed.
Though the proposed rule has not yet passed into law, the chilling effects are already apparent. As reported in the Boston Globe, legal immigrants are already dropping their health insurance out of fear of being deported if they keep it.
In 2016, there were 23 million noncitizens residing in the U.S. About six in ten noncitizens were lawfully present immigrants, who include legal permanent residents, refugees, asylees, and other individuals who are authorized to live in the U.S., according to Kaiser Family Foundation.
You can read or download our complete comments here.
The Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing the rights of women and girls.
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