On December 8th we held our Public Charge Comment Event, outside the Jackson Heights Post Office. The aim was to help as many people as possible make their comments against the Trump administration’s Public Charge Proposal. The turnout was fantastic, and it was a joy to see so much of our community getting involved. Thank you to everyone who participated, and to Isa Newman-Rodriguez for the pics!
Update (10/11/19): A Judge in New York has issued a nationwide preliminary injunction which stops the Department of Homeland Security’s “public charge” regulation from going into effect. This is a victory for immigrant families. The legal fight will continue, but for now, the rules in the United States have not changed.
President Trump’s “Public Charge” proposal will force millions of immigrants to choose between public services and seeking permanent residence, by making it harder for those who have used public services to get their Green Card.
Before the rule can be finalized, however, the administration is required by law to review and respond to every unique public comment they receive.
To make your voice heard, follow these instructions:
In the box labeled Why is this important to you? write your comment.
Click the Submit Your Comment
What should you write in the comment box?
Tell the government why you disagree with the “Public Charge” rule.
What will happen to you or your family if you are forced to stop using public services, such as Medicaid, food aid, or housing aid?
Do you disagree with the proposal, even though you will not be affected by it? Let the government know!
Use your own words – if you copy someone else’s comment it will not be read more than once.
Use English – comments must be in English to be read.
Some examples:
This rule will threaten the health and well-being of my children. — I disagree with this rule because I have paid my taxes and should be entitled to receive help without jeopardizing my chance for a Green Card. — This rule could cost our economy $164 billion a year and drive up poverty, hunger & housing needs.
Update (10/11/19): A Judge in New York has issued a nationwide preliminary injunction which stops the Department of Homeland Security’s “public charge” regulation from going into effect. This is a victory for immigrant families. The legal fight will continue, but for now, the rules in the United States have not changed. We will be updating this website in the coming days to reflect this.
This information was presented at a meeting, held at PS 69, Jackson Heights, on Tuesday November 20, by Claudia Calhoun (Senior Director of Immigrant Integration Policy, New York Immigrant Coalition).
The purpose of the meeting, and this post, was to correct the ongoing misinformation about these proposed changes to the Green Card application process, and to encourage people to submit comments to the government during the current comment period.
The Trump administration is proposing changes to the Green Card application process which would take into account whether or not the applicant has previously used certain public benefits. The ‘Public Charge’ rule would mean that any immigrants using these benefits would be considered a Public Charge and therefore less desirable as a potential permanent resident.
Here are the facts about the proposals, and how they will affect future Green Card applications:
The rule is still in the proposal and public comment stage. It has not been enacted yet. The proposed changes are in a comment period until December 10. The government must read all the comments before any further action can be taken. This will take 4 to 5 months. If the proposals are approved, it will then take another 60 days before they go into effect.
The proposed changes only take into consideration certain benefits. These are benefits relate only to housing, SNAP, Medicaid, and Medicare Part D.
The proposed regulations do NOT affect people who already have a Green Card or a temporary Green Card. They also do not affect refugees, asylees, Uvisa, VAWA, or special immigrant juveniles. If you have no pathway to citizenship, these regulations do not affect you.
If enacted, the Public Charge rule will not be retroactive. Once the rule comes into effect, only public benefits used after that date will be considered. The rule cannot take into account benefits used before that date.
Applications for citizenship DO NOT fall under the Public Charge proposal. There will be NO public charge test for people applying for naturalization.
Receiving workers’ compensation is NOT part of this proposal.
Children’s benefits will NOT affect a parent’s ability to get a green card. Anyone who has WIC, CHIP, EITC, ADAP, or benefits for American-born children to go to a clinic or hospital will not be affected by this proposal.
Some aspects of the Public Charge rule are not new, and are already part of the process. When someone applies for a green card, income, health, job, and skills are already looked at. These are not new tests, but maybe the government will be more interested in the answers now. However, the government has to look at the whole picture.
Green card holders are NOT being asked to surrender their cards at the border. There have been no genuine reports of people being stopped at airports and having their IDs taken away. This was a false story in a newspaper which was later retracted.
It is important to remember that these changes are still only a proposal. They are not final. So you should keep using your current benefits. You will not currently be helping yourself by quitting your benefits at the moment.
There have been changes to the Foreign Affairs Manual, so if you are trying to bring your parents to the US, you should talk to an immigration attorney. Call 1-800-566-7636. Or call 311 and ask for ActionNYC.
Post a comment now and voice your opposition to the Public Charge rule
Make a comment at www.ouramericanstory.us. You can make your comment on your cell phone or on a computer. Comments must be in English. Anyone can make a comment regardless of immigrant status. Citizens can comment too. Explain how these proposed changes will affect your life. The government is obliged to read ALL comments and take them into consideration.
Great article on this past Saturday’s march, featuring one of our members, Barbara Mutnick. Thanks to all JHISN members who attended the march.
“Barbara Mutnick, an organiser with the Jackson Heights [Immigrant] Solidarity Network, said Trump was “trying to divide the American people and trying to scapegoat immigrants”.
“We feel no human being is illegal, and we fight for that,” she said, adding that even progressive Democrats have been silent on the migration caravan issue.”
On the evening of October 18, the Jackson Heights Immigrant Solidarity Network (JHISN) sponsored a community forum to discuss a range of urgent immigration issues. The slogan for the event, held at St. Mark’s Episcopal Church, was “Immigration Activism From Neighborhood to Nation.”
The forum had a powerful panel of speakers. If you missed the event, you can watch the full video here, or watch videos of the individual speakers below.
Lea Ramirez detailed the programs that the Legal Aid Society of New York has developed to assist immigrants.
Afaf Nasher from the Council on American Islamic Relations (CAIR) gave a dynamic presentation on the rise of Islamophobia and the toll it takes on Muslims, including immigrants.
Ellen Whitt from the Immigrant Rights Committee and the Central New Jersey Coalition Against Endless War put a spotlight on local governments who accept ICE money to incarcerate immigrants, using these tainted funds to prop up their budgets.
Julie Schwietert Collazo updated us on the work of Immigrant Families Together, a crowd-funded group which is providing bail for dozens of immigrants trapped in ICE detention centers, reuniting them with their families.
The gathering also heard from our neighbors Alfredo Flores and his wife Wendy Valverde. Alfredo was arrested by Border Patrol after a Greyhound bus he was traveling on unexpectedly drove into Canada and back into the US. Now out of jail, he is working with an attorney to remain in the US with his US citizen wife and children.
He and Wendy described the emotional hardship caused to their family because of Alfredo’s incarceration, as well as their uncertainty about the future. The children have been especially affected—clinging to their father and constantly worried he will be arrested again. Alfredo and Wendy spoke out not just for themselves, but for the human rights of all immigrants.
Phillip Josselyn, representing the Committee in Solidarity with the People of El Salvador (CISPES), explained how the US’s destructive, long-standing foreign policy in Central America has forced millions of people to leave their homes in El Salvador, Guatemala and Honduras.
Carol Scott, from New Sanctuary Coalition, talked about their fundamental belief that no person should be deported and how this informs the work they do from immigrant accompaniment to pro se legal clinics.
The JHISN was represented by Melissa Greenberg and Marcus Longmuir. Co-sponsors included CISPES, the Jackson Heights Beautification Group, the Parent Association of P.S. 69Q, Queens Neighborhoods United, Rise and Resist and Socialist Alternative. Special thanks to St. Mark’s Episcopal Church for sharing their space and Joe Friendly for shooting the video.
The Public Charge Rule: A New Wealth Test for Immigrants WE MUST STAND UP FOR AN INCLUSIVE AND WELCOMING AMERICA.
For over 100 years the “public charge test” has been part of US immigration law, used to define those who depend on the government as their main source of support. Until now, “public charge” has been narrowly applied to people receiving government cash assistance or institutional long-term care.
The Trump Administration has published a Public Charge proposal in the Federal Register. It vastly expands the definition to include many health and welfare programs for children and families. The proposed rule could make working class and lowincome immigrants who participate in medical and social service programs–food stamps (SNAP), Medicaid, public housing, and more–ineligible to receive a green card.
The rule has not yet gone into effect, but news of it has frightened many needy immigrants away from crucial support to which they are legally entitled. With about one in four children having at least one immigrant parent, this issue touches millions and is critical now and for our nation’s future.
Key Points
Housing assistance, food stamps and Medicaid are a gateway to economic self-sufficiency.
Short-term costs of social assistance programs are greatly exceeded by long-term economic benefits.
Studies show that affordable medication and health insurance improve health outcomes and reduce missed days of work or reliance on short-term disability. See Kaiser Foundation re public health implications: https://www.kff.org/disparities-policy/
Restricting lower-income immigration will hurt the United State economically. See: How public charge rule will affect employers and immigrants http://bit.ly/ForbesPublicCharge
Denying green cards to people with health problems will break up families.