AIS ON PUBLIC CHARGE

AIS is calling for a public charge rule that addresses the needs of survivors and
supports their ability to maintain safety and well-being

As you know, the last administration’s racist, harmful changes to the public charge rule instilled a culture of fear that prevented many immigrant communities from accessing essential economic and healthcare benefits. Thanks to the Biden Administration and the tireless work of countless advocates, the rule is no longer in effect. On March 9, the Biden Administration decided to stop defending lawsuits challenging the Trump-era public charge regulations. Right afterward, Federal courts dismissed the government’s appeals, meaning that the Trump Administration’s 2019 public charge rule is permanently blocked, nationwide.

Since it was first proposed, AIS and our Co-chairs have joined with hundreds of organizations as part of the Protect Immigration Families (PIF) campaign to challenge the rule. Now, we must ensure that new regulations lessen the harm of the public charge rule and better shield families from potential attacks from future administrations.

Updates:

AIS PUBLIC CHARGE COMMENT LETTER

On September 9, 2022 the Department of Homeland Security (DHS) issued a final rule that will go into effect on December 23, 2022. This rule codifies 1999 guidance while adding in some newer details and protections. It also lays out which categories of immigration are exempt from the public charge rules. The Public Charge test additions still keep health, nutrition, and housing programs safe to use for immigrants and their families that qualify. For more information, Esperanza United has compiled resources in both English and Spanish.
In anticipation of an April 25, 2022 Department of Homeland Security (DHS) deadline for submission of comments and related material, AIS asked our supporters and partners to join us by signing-on to our Public Charge comment letter urging DHS to finalize a public charge rule that addresses the needs of victims of domestic violence and sexual assault and supports their ability to obtain and maintain safety and well-being. We thank the 73 national, statewide, and local organizations serving survivors of domestic violence, sexual assault, and human trafficking who signed on in support. Now we wait for the final rule.
On February 24, 2022, DHS released a Notice of Proposed Rulemaking (NPRM) on the public charge ground of inadmissibility. We are working with partners to develop sample comments, as well as to coordinate a sign-on comment to include recommendations about how to improve the Public Charge rule to address impacts on survivors of domestic violence and sexual assault, in order to lessen the harm of the public charge rule and better shield families from potential attacks from future administrations. Be sure to sign up for AIS' email list if you are interested in staying up to date on this issue.
On January 18, 2022, AIS sent a letter signed by 72 organizations in response to the Department of State’s Notice of Reopening of the public comment period on the Interm Final Rule. Our organizations urged DOS to publish a final public charge rule that addresses the needs of victims of domestic violence and sexual assault and supports their ability to obtain and maintain safety and well-being.

On October 22, 2021, AIS sent a letter signed by 76 organizations in response to the Department of Homeland Security’s (DHS) Advanced Notice of Proposed Rulemaking Inadmissibility on public charge grounds. Together, we addressed the impact that a potential proposed public charge rule will have on immigrant survivors of domestic violence and sexual assault, and urged DHS to craft a public charge rule that addresses the needs of victims of domestic violence and sexual assault and supports their ability to obtain and maintain safety and well-being.

Take Action:

Use the Protecting Immigrant Families social media “tweetkit,” a resource to help partners recognize this important step toward a less harmful public charge policy and encourage the Administration to move quickly.

In April 2022, we asked AIS supporters and partners to join us by signing-on to our comment letter that urges DHS to finalize a public charge rule that addresses the needs of victims of domestic violence and sexual assault and supports their ability to obtain and maintain safety and well-being.