Regulatory Comments on "Public Charge"
Please weigh in by DECEMBER 10, 2018!
Background: In mid-October, the Department of Homeland Security (DHS) published a proposed regulation known as "public charge." You can read the proposal in full at
Here's the BOTTOM LINE: For over a 100 years "public charge" has been part of immigration law. In the past it has been used (as it seems intended now) to keep out certain groups of immigrants (Irish, Jewish, disabled, etc.). The real gist of these rules is to screen out who will be a "public charge," i.e., dependent on public services/benefits. These benefits include, among others, Medicaid, SNAP, and housing assistance.
This proposal broadens the definition of "public charge" to someone who receives just one benefit/service. The new proposal would have DHS scrutinize each of a long series of factors that could weigh against letting the immigrant in -- for example, pre-existing health conditions, ability to get a job, and disability or having a child with a disability.
FOR SCHOOLS: If you opened the link above, you saw immediately the complexity of these rules. There is an exemption for Medicaid in schools. However, many immigrant families will not understand that and will be afraid to give consent for IDEA services, for fear of the effects on their immigration status. In fact, some CASE members have already reported this happening, including parents asking to withdraw their children from current services.
ACTION: CASE has developed comments and requests that each CASE unit also send comments as well as individual members. See below for details.
DEADLINE: December 10.
TAKE ACTION:
1. Use the template link and fill in State and/or district-specific information in the highlighted areas. Personal stories are critical. DHS has already indicated they will not read "form letters!" By "personalizing" the highlighted areas, you will be making it a more individualized letter! This is a critical part of the directions!
2. To submit your comments:
- Format your response as a Word/PDF document (use organizational letterhead if possible)..
- Go to https://www.regulations.
gov/document?D=USCIS-2010- 0012-0001. - In the 'Comment" box, type "(name of unit) is pleased to submit the following comments on the proposed regulation on "Inadmissibility on Public Charge Grounds."
- Below the comment box:
- Upload your file.
- Enter your first and last name.
- Click 'continue.'
- Review the information on this page, including a check to ensure your document is attached.
- Click the 'I have read and understand' item.
- Click 'Submit Comment.
3. NOTE: You can also send a copy of your comments to your Senators and House members. We recommend attaching to an email and indicating that the proposed regulation is of deep concern to your members
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