As you heard from us yesterday, the Department of Homeland Security (DHS) posted the public charge final rule for inspection earlier this morning. It will be published in the Nov 14 Federal Register and take effect 60 days later, on Oct 15, 2019. We have received a number of emails from concerned advocates. Please remember. this rule is NOT in effect now and it is NOT retroactive (e.g. does not effect benefits received prior to the effective data of the rule once in effect).
A number of organizations have scheduled webinars to review and advise on this horrid rule, including the Food Research and Action Center. We strongly encourage you to tune in. Follow this link to register Wednesday, August 14 at 2 pm EST.
As expected, the final rule adds receipt of SNAP, federally subsidized/public housing and Medicaid to the list of public benefits that will be considered for "public charge" purposes, meaning a basis to deny legal status to immigrants seeking admission based on a family, employer and certain other circumstances. The final rule did not add the Medicare Part D Low Income Subsidy (LIS) and it exempts Medicaid received by children under age 21 and pregnant women. The rule does not count SNAP/housing or Medicaid benefits received by an immigrant prior to the effective date of the new rule (although extremely few immigrants qualify for SNAP without green card status and many have to wait 5 years in status to qualify). It also lays out the weight given to various factors in the totality of circumstances test in such as way as to make it much harder for most lower income families to overcome the public charge test in the future- even if they have never qualified for nor ever used public benefits prior to their application for admission, readmission or adjustment of status. Being low income may simply exclude otherwise qualified immigrants, as legal status in the United States has become a wealth test.
We strongly encourage you to sign up for the FRAC/Protecting Immigrant Families webinar tomorrow and to learn as much as you can about how to to local media and talk with immigrant families who may have heard about the passage of this federal rule. We expect there will be legal challenges and we will keep you posted on that front.
Pat and Vicky
From: Food Research & Action Center <firstname.lastname@example.org>
Date: Mon, Aug 12, 2019 at 5:26 PM
Subject: This is (Not) America: New Trump Administration Rule Will Create More Hunger and Poverty
To: Pat Baker <email@example.com>