By Chris Holden on September 19th, 2018
The Trump Administration is drafting a proposed rule that will penalize legal immigrants for using housing assistance and other safety net programs. The proposal would expand the list of supportive programs that can be considered when determining if an immigrant is a “public charge,” meaning that they are dependent on the government to meet their basic needs. Millions of immigrants seeking entry to the U.S. or lawful permanent resident status could have their applications rejected, or in rare cases, be deported.
The draft Department of Homeland Security proposal was first obtained by The Washington Post, and can be read here. The Department of Homeland Security (DHS) did not respond to Affordable Housing Online’s request for comment.
Immigration officials currently use a number of factors when deciding whether an applicant is a public charge or likely to become one. They look at age, health, family status, assets, resources, financial status, education, skills and sponsorship. Generally, only immigrants who receive more than 50% of their income from public cash assistance (TANF), or are institutionalized for long-term care at government expense are currently classified as public charges.
The Trump Administration believes that immigrants can be public charges if they receive any kind of government assistance, even if that assistance is less than 50% of their income.
Under the proposed rule, the definition of public charge would be changed to, “a person who uses or receives one or more public benefits as defined in this rule.” It then defines a public benefit as, “any government assistance in the form of cash, checks or other forms of money transfers, or instruments and non-cash government assistance in the form of aid, services or other relief, that is means-tested or intended to help the individual meet basic living requirements such as housing, food, utilities or medical care.”
Receiving public benefits will be a “heavily weighted” negative factor when making a public charge determination. Benefits that would give applicants a negative score include, but are not limited to:
The Trump Administration believes that immigrants can be public charges if they receive any kind of government assistance, includig SSI and TANF.[/caption]
Benefits that would not be considered include:
The proposal will make it difficult for most legal immigrants to enter the U.S.[/caption]
This proposal is not likely to take effect any time soon. It is currently being reviewed by the Office of Management and Budget (OMB), and has not yet been published in the Federal Register. Once it is published in the Federal Register, there will be a public comment period for 60 days. People can voice their concerns directly to the Department of Homeland Security through the comment process. The public comment period is also a good time to call members of Congress with concerns about the rule. Lawsuits to block the rule can only be filed after the Trump Administration implements it.
Even though the proposal has not yet been published, it has many immigrants concerned. They worry that if they used any benefits in the past they could lose their bid for citizenship. Affordable Housing Online heard from an immigrant reader in the Boston area. He requested we not use his real name, so we’ll call him Arjun. Having come to work in the U.S. from India as a skilled worker more than 10 years ago, Arjun is now a lawful permanent resident. Even thougweather.coormh he makes a good living and has never used public benefits, he has had a hard time finding an affordable home in the high-priced Boston area. He says that while some foreign tech workers receive subsidized housing from the firms and research institutes that sponsor their visas, most have trouble finding housing they can afford. He worries that many of these workers will be penalized because they used affordable housing in these high-priced cities.
Arjun believes that if the rule is implemented, it should very clearly spell out what affordable housing programs will count towards a public charge determination. He also feels there should be a grace period and local housing agencies should be given clear guidance so that prospective immigrant tenants know their options.
As was the case with the travel bans and family separations at the Mexico border, there are many organizations that will likely file lawsuits to keep it from being implemented. The American Civil Liberties Union (ACLU) and National Immigration Law Center (NILC) are two organizations that have taken the lead on similar issues. You can see NILC’s position on the rule here. Some state governments will also challenge it, with the Governor of New York promising to sue if the rule is enacted.
Even though the proposed rule has not been published yet, people can still share their opinions about it with their members of Congress. When Senators and Representatives hear concerns from constituents, they can put pressure on the Administration to delay, revise or drop a proposed rule. If you feel strongly about the Administration’s efforts to restrict benefits to legal immigrants, you can take a minute to contact your members of Congress through our easy to use form here. Affordable housing is for both families and individuals.
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