NDY Issues Statement Opposing the Proposed “Public Charge” Rule

Not Dead Yet Opposes Proposed “Public Charge” Rule[1]

Not Dead Yet joins a large number of other disability, immigrant and other civil rights organizations in strongly opposing the “Public Charge” rule proposed by the Department of Homeland Security (DHS). The proposed rule discriminates against people with disabilities, people with health problems, the old, the young and lower income persons. It ratchets up existing biases in the immigration law exponentially.

The Federal Immigration law bars anyone who might become (in the parlance of the 19th century) a public charge from immigrating to the United States. Currently, the term “public charge” refers to an individual who is likely to become “primarily dependent on the government for subsistence”. The use or likely use of publicly-funded health care, nutrition, and housing programs are not to be considered in making a public charge determination since these programs are vital to keeping our communities healthy and safe and individuals productive.

The proposed rule is long and complicated (and probably unworkable) but the gist of it is that it would broaden the definition of “public charge” to anyone who uses or is ever at any time likely to use any of a range of government assistance programs. These programs include food stamps, federal housing and rental assistance, non-emergency Medicaid benefits, or Medicare Part D healthcare subsidies even if the person is otherwise eligible for the program. Thus, longstanding policy about what is good for the country would be up-ended.

Additionally, a variety of other factors could be used to bolster a public charge determination, some of which are highly subjective or speculative. For instance, the presence of a medical condition likely to require extensive medical treatment, or that may interfere with the ability to provide for oneself, or to attend school or work, would be considered a heavily weighted negative factor. Among the other discriminatory factors that could be considered are whether the person is younger than 18 or over 61, lack of private health insurance (or lack of financial resources to pay for medical costs) and having an income under 125% of the Federal Poverty Level.

As the National Council on Independent Living has stated, “The current definition of ‘public charge’ already discriminates against immigrants with disabilities, but with the proposed changes, disabled and low-income immigrants are right in the crosshairs.” http://www.advocacymonitor.com/page/3/

The proposed rule would apply to both persons seeking initial admittance into the country and persons who are already in the country and who are seeking an extension of their visas or permanent residency. This is so even if such persons or their families may be paying taxes to fund the programs they might someday need.

The proposed change would have no effect on reducing unlawful immigration which is purportedly what the Trump administration is so concerned about. Instead, it would make it immeasurably harder for disabled persons or families with disabled persons whom they don’t want to leave behind to lawfully come into or stay in the country. It would interfere with family members helping each other in the way that strong families often do. For example, a family of modest means who have contributed to the country for years might not be able to invite an elderly or disabled relative still in their country of origin from living with them, even though they have no thought of looking to the government for assistance.

It would also mean that immigrant families who have been in America for some time would be forced to imperil their own health by forgoing the assistance they would otherwise be entitled to in order not to jeopardize their right to lawfully remain in the country.

Indeed, as the Health Affairs blog has stated, “If promulgated these changes will almost certainly harm the health of immigrants and their families. Most obviously, the changes will create a significant disincentive for immigrants to enroll in publicly-funded health insurance programs. In its comments, DHS estimates that 2.5 % of the eligible population of immigrants and their family members who are otherwise eligible for Medicaid or Medicare Part D subsidies will either dis-enroll or forego participation in the programs. In reality, many more immigrants, including many who are not actually subject to the public charge requirement because they have an exempt status, are likely to avoid coverage due to fear of negative immigration consequences…” https://www.healthaffairs.org/do/10.1377/hblog20180927.100295/full/

The message of the proposed rule is clear. If you are born outside the United States and have a disability or may ever possibly need some type of help from society, stay out, and if by any chance you got in, either leave or proceed at your own risk.

This is fascist creep. For the sake of the country and for the sake of all of us – disabled or not, recent immigrant or not – the “public charge” rule must not go into effect.

[1] Not Dead Yet is grateful to attorney Lisa Blumberg for her assistance in preparing this statement.

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