Speakers. Today s Agenda 9/27/2018. Understanding USCIS Proposed Changes to Public Charge: What You Need to Know

Transcription

1 Understanding USCIS Proposed Changes to Public Charge: What You Need to Know Speakers Michelle Sardone, Director of Strategic Initiatives Charles Wheeler, Director of Training, Litigation, and Support Ilissa Mira, Staff Attorney, Training, Litigation, and Support Jill Marie Bussey, Director of Advocacy Karen Sullivan, Advocacy Attorney, Federal Advocacy and Liaison 2 Today s Agenda Status and overview of proposed rule Impact of rule on immigrant families Steps you can take to oppose the rule Resources 3 1

2 Poll #1 What do you hope to gain from this webinar? Legal analysis of the proposed rule List of benefits programs Timeframes for rule publication and when it will go into effect CLINIC s plan for education and advocacy How people/orgs can oppose the rule Resources 3 Public Charge Ground of inadmissibility, INA 212(a)(4) Around since beginning of time Affects: Applicants for adjustment of status Applicants for immigrant visa Applicants for nonimmigrant visa Returning permanent residents (LPRs) Change/extension of nonimmigrant status (NEW) 4 Who Is Not Affected? Refugees and asylees Cubans Amerasians Afghan, Iraqi interpreters Registry NACARA HRIFA Lautenberg parolees Special immigrant juveniles T visa U visa VAWA recipients TPS applicants 2

3 Ground of Deportation for LPRs If become a public charge within 5 years Due to preexisting circumstances Narrowed by case law and interpretations Naturalization applicants not affected DOJ planning to issue parallel proposed changes in future Statutory Language Likely at any time to become a public charge USCIS or consular officer to look at applicant s: Age Health Family status Assets, resources, financial status Education and skills Affidavit of support Current Definition 1999 Notice, field guidance, proposed rule Can t be primarily dependent on government for subsistence through receipt of cash benefits: SSI (aged, blind and disabled) TANF (parents with children) State and local cash assistance Institutionalization for long-term care 3

4 Proposed New Definition Likely to receive one or more of these: Same 3 cash assistance programs, long-term institutionalization Non-emergency Medicaid (with exceptions) Medicare Part D Low Income Subsidy SNAP (food stamps) Section 8 housing: Housing Choice Voucher and Project-Based Rental Assistance Public housing Monetizable Value exceeds 15% of FPG in 12-mth period $1,821 for household of one Affects SSI, TANF, state cash benefits, SNAP, Section 8 vouchers and rental assistance Non-Monetizable Received or likely to for 12 mos of 36-mth period Affects Medicaid, Medicare Part D, public housing Receipt of 2 benefits = 2 mos Combination of monetizable and non-monetizable benefit for more than 9 mos 4

5 What Does This Mean? Must be qualified alien to be eligible for benefits, but can vary with state Most applicants not eligible now May be eligible as LPR Children s current receipt not considered Other dependents receipt not considered Statutory Factors Age: Health: medical condition requiring extensive treatment or affect ability to work Family size Assets, resources, financial status: gross income > 125% FPG; assets 5 times shortfall; financial liabilities; health insurance; past receipt of benefits; fee waiver; credit history Statutory Factors Education and skills: past employment; academic degree; English proficiency Prospective immigration status: immigrant or nonimmigrant Affidavit of support 5

6 Heavily Weighted Factors Negative: No job history or prospects if work authorized Current receiving benefits or w/in last 36 mos Serious medical condition, no insurance Previously denied for public charge Positive: Assets, resources, support > 250% FPG Work authorized and income > 250% FPG Public Charge Bond After inadmissibility finding, USCIS may determine that bond is warranted Invite only, same discretionary factors considered Example: Applicant has weak financial status and received public benefits 40 months prior to applying for immigration status. Has medical condition but has good chance of getting insurance and grant would be in interest of family unity. Minimum bond $10,000, only surety bonds initially Bond companies must be certified by Treasury Dept. (see Treasury Dept. Circular 570) Public Charge Bond Bond is breached if noncitizen receives public benefits after becoming an LPR and until bond is cancelled May request cancellation when noncitizen Naturalizes permanently departs the U.S. Dies after 5 years of LPR status or bond is substituted or cancelled Appeals process will be established New forms for posting, substituting, or cancelling 6

7 Proposed Rule Reminders NOT currently in effect NOT retroactive May change before publication as Notice of Public Rule Making (NPRM) Would affect certain NIV/IV applicants To check-in with programs counseling clients There is an opportunity to make change Impact on Immigrant Families Fear in the community is at an all time high One in four children have immigrant parent Withdrawal from social services high/new registrations low Confusion about rule s affect on other immigration applications/next steps 5 Advocacy Overview Protecting Immigrant Families, Advancing Our Future Campaign (PIF) PIF Purpose: Unite to protect and defend access to health care, nutrition programs, public services, and economic supports for immigrants and their families at the local, state, and federal level. 5 7

8 Advocacy Goals For CLINIC affiliates Our goal is to have 100% participation of all affiliates This rule would affect our entire network For CLINIC partners and supporters We encourage all concerned organizations and individuals to participate in this comment process Working with Catholic partners and through Justice for Immigrants and Interfaith Immigration Coalition Steps You Can Take Comment Raise Awareness Engage state and local leaders Outreach and education Media 5 Poll #2 Are you/your organization planning to submit a comment? Yes No Uncertain 3 8

9 What Can Advocates Do Before the Rule is Published? Join CLINIC s Advocacy List for updates Plug-in to the PIF Campaign Develop a strategy and prepare to submit a comment Raise Awareness (internally and externally) What Can Advocates Do After the Rule is Published? Submit a comment Encourage others to submit comments Roll out a communications strategy Stay up to date Hold a town hall with local officials Submitting Comments Ways to submit comments: 1. Regulations.gov 2. PIF microsite 3. By mail 9

10 CLINIC Resources: Up-to-date info on the status of the rule Model comments Backgrounders, talking points, reports Tools for practitioners and individuals Program management Media/advocacy tools 20 CLINIC Resources: 21 Other helpful links: DHS Announcement: USCIS FAQs: Link to submit comment:

11 Questions 22 Staying Connected CLINIC s Social Media (Facebook and Twitter) CLINIC Affiliates may sign-up for Agency Updates: Sign-up for Advocacy Updates: PIF campaign and listserv sign-up: