Category: Public Charge

JHISN Newsletter 08/01/2020

Posted on August 1, 2020 by - 2020, Black Lives Matter, CBP, Census, citizenship, Coronavirus, History, Immigration, Jackson Heights, News, Newsletter, Politics, Public Charge, Refugee Crisis, Your Rights, Your Voice

Dear friends,

“We all must find a way to have the courage to get in trouble, to make good, necessary trouble,” John Lewis said. As we mourn his death this past week, we also bind his life and spirit to current struggles for racial justice. John Lewis faced down state violence and demanded voting rights for Black Americans. Today we honor his memory by collectively facing down state violence that is, again, armed and ready to make justice bleed. JHISN hopes that you might use the newsletter to make some good trouble this summer. Wherever you might be. Wherever it might be needed. 

Newsletter highlights:

  1. Border Patrol’s Long History of Violence
  2. Who Counts? Protecting the 2020 Census
  3. Community Art-Making as Activism

1. First They Came for the Migrants…

The brutality that Customs and Border Patrol paramilitaries have unleashed on protesters in Portland is shocking, but perhaps not entirely surprising.

As I see white mothers and mayors being teargassed on the streets Portland, Ore., one word keeps bubbling up from my bleeding heart: “Welcome.” Welcome to the world of secret police and nighttime raids. The world where you can be snatched by an unidentified officer in an unmarked van. The world where you get to see an attorney, maybe, after the government is done beating you. Welcome to the world as experienced by brown people with foreign-sounding names in this country. —Elie Mystal (The Nation, July 2020)

CBP has made headlines in recent years for its openly racist brutality at the Mexican border; for casually separating children from their parents; for concentration camps where migrants are tortured in hieleras–“ice boxes”–and locked in cages filled with Covid-19. At least 111 people have died at the hands of the Border Patrol since 2010. But this is only the most recent chapter of a murderous history that goes back generations. 

Established in 1924, during an earlier period of xenophobic frenzy, CBP became part of the new, sprawling Department of Homeland Security in 2002. It is one of the largest enforcement agencies in the world, fielding some 20,000 agents, with a budget of around $5 billion. By design, CBP has a loosely-defined mandate, which allows it to be used however the federal regime wants, including as a political police force.

Since its founding in the early 20th century, the U.S. Border Patrol has operated with near-complete impunity, arguably serving as the most politicized and abusive branch of federal law enforcement — even more so than the FBI during J. Edgar Hoover’s directorship. —Greg Grandin (The Intercept, January 2019) 

The Border Patrol operates outside clear borders, geographic or legal. Judges have affirmed that it can operate within 100 miles of any US border, including the coasts–a zone which encompasses 2 out of every 3 US residents. CBP has weaponized this bizarre definition of “the border” to establish intrusive checkpoints all over the country, to deploy “roving patrols” in sanctuary cities including New York, and to board trains and buses searching for people who “look undocumented.” (Protests by activists forced Greyhound Bus to deny CBP agents unrestricted access to the company’s buses last year.)

CBP’s mandate also has an international aspect. The Border Patrol Academy has trained counterinsurgency forces from a variety of overseas dictatorships. BORTAC, the paramilitary group leading the current repression in Portland, has been deployed in Iraq, Afghanistan, and throughout the Americas to carry out raids and beef up border forces.

Sometimes likened to an American SS, the Border Patrol has always welcomed white nationalists into its ranks, including Klansmen and neofascists. Beatings, rape, murder, racist abuse and sadistic torture have been common throughout Border Patrol history. In 2019, ProPublica exposed a secret Facebook group that had almost 9,500 Border Patrol members, including the current chief. Featuring endless racist jokes about migrant deaths, the group also mocked Democratic congresswomen–including AOC–who were investigating CBP abuses at the Mexican border. One poster encouraged agents to “throw a burrito at these bitches.” Thousands of abuse complaints have been lodged against CBP; these are routinely stonewalled and ignored. 

WHAT CAN WE DO?

2. 2020 Census and Trump’s Attempts at Immigrant Exclusion

Last weekend marked the 15th year since four immigrant women founded Adhikaar and began serving as social justice advocates for Nepali-speaking workers in our neighborhood. The organization has grown and thrived; Adhikaar currently provides direct relief for those impacted by COVID-19, promotes health justice, pushes for worker safety, and campaigns for a Billionaires’ Tax. All while encouraging immigrants to complete the 2020 census. 

Adhikaar has taken to the streets in Queens to educate the communities they serve about Congress’s constitutional responsibility to count all the people in the country every 10 years. To be counted is to take a stand against the fear-mongering used by Trump and his liegemen to dissuade people from participating in a process that determines congressional representation and appropriate distribution of federal resources. As Adhikaar, along with other local groups in the Queens Complete Count Committee, encourage immigrants to participate, the federal government is looking at other ways to discount them:

The Census Bureau has begun to examine and report on methodologies available to “provide information permitting the President…to carry out the policy” of “the exclusion of illegal aliens from the apportionment base”. —Steven Dillingham, Director of the Census Bureau, July 29, 2020

The 14th Amendment corrected the intentional racism of the original census charge, which excluded indigenous Americans and counted only three-fifths of all persons who were “not freemen or bound to service”. Trump’s push to eliminate immigrants from the census count was a nod back to the original wording in the Constitution; designed to redefine who counts as a person. The failed attempt to add a citizenship question to the census exacerbated an existing problem: historically, our national population has been undercounted, even more so in minority communities. People who fear that responding to the census might bring ICE or Border Patrol to their door are disincentivized to participate, as are historically marginalized groups who feel they do not benefit from the representation the census promises. 

In September, the Census Bureau will send a seventh mailing, including a paper questionnaire, to people in the population tracts with the lowest response rates. There are many in Queens. Despite extending the census deadline due to the pandemic, we are not yet even close to the response rates in 2010. In 2010 the overall NYC response was 62%, a full 14 points below the national average. This year the national response rate is almost 63% while NYC is only at 54%. When we drill down into specific neighborhoods the differences are dramatic: East Elmhurst is only at 43%; in Corona, the majority of tracts are below 50% (and 10 tracts are under 40%), while in 2010 there were only 6 tracts which had responses under 50%.  Although the rectangle between Roosevelt and Northern, from 76th to 86th streets, has a 68%+ response, all other areas of Jackson Heights average below 50%.

JHISN celebrates Adhikaar’s 15th birthday and honors their social media and text-banking outreach campaigns that have so far assisted over 4,300 people to complete the 2020 census. In the face of adversity and targeted exclusions, Adhikaar shows how to stand up and be counted. 

WHAT CAN WE DO?

3. Art as Activism

Art with organizing is all about building people’s power and finding strength in our communities; and art has always existed in our communities…that’s where our power lies.”  —Mahira Raihan, Arts & Cultural Justice Organizer, DRUM

The power of art and the power of organizing are intimate allies. As hundreds of thousands of people in the US, night after night, filled neighborhood streets with cries for justice for George Floyd, new art-making also poured into our public spaces. From community murals and street art to the collective performance of thousands ‘taking a knee’ together, the mobilization of political power has been inseparable from an outpouring of creative work.

While the huge, bright yellow street paintings spelling out ‘Black Lives Matter’ in Washington DC, and in front of NYC’s Trump Tower, have received international attention, more community-driven BLM street paintings designed in lush colors by local artists have also proliferated in Jackson, MI, in Cincinnati, OH, in Charlotte, NC, and in Seattle, WA. Foley Square is the site of a gorgeous multicolored Black Lives Matter street painting collaboratively designed by multiple artists; the word ‘Black’ was designed by artist and immigrant Tijay Mohammed, using Ghanaian fabric motifs and imagery. In Harlem and Bed-Stuy, painting the street with Black Lives Matter was a community event, with hundreds of local residents participating.

Desis Rising Up and Moving (DRUM) here in Queens is currently running a two-month Art to Activism program, mobilizing South Asian and Indo-Caribbean working-class youth to collaborate on a community-based art project. Aimed at deepening understandings of both police brutality and anti-blackness in South Asian-American communities, the project uses art-making as a catalyst to social change. Art to Activism builds on DRUM’s earlier Moving Art—Making Art for Our Movements program which created collective art “grounded in our communities’ experiences and dreams of liberation.” Visual art, theater, ‘zine-making, and poetry are all a regular part of DRUM’s organizing and cultural work.   

WHAT CAN WE DO?

  • Support DRUM’s Building Power & Safety through Solidarity campaign.
  • Purchase a copy of DRUM’s ‘zine created collectively in the Moving Art program.
  • Visit the Black Lives Matter street art in Harlem, Bed-Stuy, and Foley Square!
  • Work and play with local artists, neighbors, kids, and friends to design street art for immigrant justice on 34th Ave Open Streets.

Gratitude for your collective care in this moment of sustained and multiplying crises. Together we will continue to take strength from our solidarities, and our histories of creative resistance.

Jackson Heights Immigrant Solidarity Network

Follow @JHSolidarity on Facebook and twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN. 

JHISN Newsletter 06/13/2020

Posted on June 13, 2020 by - 2020, Black Lives Matter, Immigration, Jackson Heights, News, Newsletter, Police Brutality, Politics, Public Charge, Racism, Your Rights, Your Voice

Dear Friends,

As NYC takes the first official steps towards a wider reopening, and as we move out from under an unprecedented 6-night citywide curfew, JHISN–like you–is in transition. The local landscape feels a bit more familiar as shops and activity come back to life. Nationwide uprisings in the name of Black Lives Matter demand real structural change in how we fund, and how we imagine, policing. The pandemic continues to burn steadily, with the U.S. death count hovering around 1,000 people each day. We hope the newsletter can help us orient in these disorienting times, as immigrant justice and empowerment converge with dreams for freedom, and demands for lasting change. 

Newsletter highlights:

  1. Public Charge: Who is Hurt by New Regulations?  (Part 2 of 3)
  2. Crisis and Radical Imagination 

1. Public Charge (Part 2 of 3)

In Part 1, we discussed the history of public charge regulations. We saw that the Trump administration has radically expanded those regulations in an attempt to systematically discriminate against working-class immigrants of color. In this part, we consider which categories of immigrants are directly affected, and how.

Given the clear exclusionary intent of the new public charge rules, it’s no wonder that many immigrants are concerned.

One in seven adults in immigrant families reported that they or a family member did not participate in a non cash benefit program (assistance with health care, housing, food, etc.) in 2018, out of fear of risking future green card status. This has also created a ripple effect. Even individuals who already have legal status, including permanent residents, are forgoing these benefits out of fear of risking the status of a relative. The Trump administration is weaponizing the public charge rule, which is essentially a “wealth test” to hurt families, and limit them from accessing critical safety net programs. (US Rep. Grace Meng)

Responding to the widespread anxiety about the public charge rules, advocates have been quick to point out that most immigrants are not directly affected right now. For example, it’s unlikely that public charge will be an obstacle to citizenship for people who already have a green card, even if they use the listed benefits. Several other large categories of migrants are completely exempt from public charge tests, including refugees and migrant survivors of violence against women. 

Many kinds of benefits are also currently exempt from public charge determinations. For instance, most programs for children, emergency medical assistance, and student loans will not be considered; neither will most state assistance programs. The US has promised that Covid-19 testing and medical care will not count as part of public charge.

Ironically, most current green card applicants aren’t even eligible for the federal benefits listed in the public charge regulations. These federal programs are generally reserved for citizens and permanent residents.

On the other hand, a subset of green-card applicants do receive potentially disqualifying “public charge” benefits. The Migration Policy Institute estimates that about 167,000 green card applicants, in certain specific categories, could potentially be rejected for a green card because of participation in the newly-listed public charge programs. This may be a tiny percentage of potential green card applicants, but it’s still a lot of people (and their families) that might be in jeopardy. 

And it turns out that, despite all the apparent loopholes and exemptions in the regulations, immigrants and their supporters have reason to be very concerned about the trajectory of public charge. The new rules, if left in place, will eventually affect millions of green card applicants. The reason is both simple and deeply disturbing: immigration officials aren’t just looking at past or present benefit use. They are now mandated to judge how likely an applicant is to ever use the listed public charge benefits in the future. That is where the new public charge regulations are expected to do the most damage. 

In Part 3, we’ll talk about why.

WHAT CAN YOU DO? 

2. Re-Imagining the Future as Ours

In response to the crisis, ideas that were previously impossible in American society, are now being considered …. These kinds of crises are transformative of society and things will never return back to the way they were…  (DRUM, Desis Rising Up and Moving, April 2020)

The Minneapolis City Council declares it will dismantle the city’s police department. Cries for “Defund Police! Decolonize the Schools!” ring down 34th Avenue on a bright June day in Jackson Heights. Mayors from New York City to L.A. announce they will cut budgets for policing and redistribute funding to community and health services. Confederate statues are toppled to the ground, with joyous collective whoops. The swell of protests in the name of Black Lives Matter and justice for George Floyd has surged into something almost unimaginable a few months ago: big, new cracks in historical structures of white supremacy.

‘Something almost unimaginable a few months ago’? Within weeks of the unfolding of the pandemic in the U.S., voices reminded us that crisis has long been the author of previously ‘unimaginable’ transformations. Could the pandemic usher in newly imaginable alternatives to predatory, dying neoliberalism? Could the wildcat strikes, the union walkouts, the courage of immigrant farmworkers shutting down fruit-packing plants across Washington State, and the militant organizing campaigns by workers at Amazon, Target, and Whole Foods, signal a fierce renewal of working-class power? Will the ongoing dance with pandemic death create deeper openings for indigenous people’s post-apocalyptic knowledge of how to survive and still dream? 

“There are no simple rules for when disaster becomes insurrection,” writes Rebecca Solnit just weeks before the police murder of George Floyd launched a popular insurrection against systemic racism that is not yet over.

Here in Queens, DRUM (Desis Rising Up and Moving) organized a new Building Power & Safety through Solidarity campaign in April, as the pandemic ravaged New York City and the working class, immigrant, undocumented workers and families at the core of DRUM’s community. Calling up “previously impossible” ideas like a universal basic income, DRUM mobilized to address the entwined health crisis (demanding wholistic community care), the systemic crisis (demanding new structures that serve human needs before corporate profit), and the social crisis (demanding new cultures of mutuality and solidarity). This is not an impossible dream. DRUM began during quarantine, patiently building a base for radical social change phone call by phone call. The campaign remains vibrant and ongoing.

WHAT CAN YOU DO?

 

Yours in struggle and collective care,

Jackson Heights Immigrant Solidarity Network

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN.

 

 

JHISN Newsletter 05/30/2020

Posted on May 30, 2020 by - 2020, Coronavirus, History, Immigration, Jackson Heights, News, Newsletter, Politics, Public Charge, Racism, Your Rights, Your Voice

Dear Friends, 

As the national count of coronavirus victims reaches more than 100,000, as Corona and Elmhurst continue to experience some of the highest hospitalization rates in NYC, we wonder when grief will have an end. With corporate media focused on ‘reopenings’ and the ‘mask wars,’ we want to use the newsletter to keep our focus on the local, the possible, and the unfolding realities around us. Both the grim and the hopeful.

A reminder that on June 1, Art from the Epicenter, a Jackson Heights-based artists’ initiative to raise money for local mutual aid groups, begins its Instagram auction of donated artworks. The auction runs June 1-10, and we encourage all of you who are financially able to participate!

Newsletter highlights:

  1. Public Charge, Part 1: Intended to Exclude
  2. Protesting during a Pandemic
  3. New Report on COVID-19 Crisis among Immigrant New Yorkers

 

1. Public Charge (Part 1 of 3)

The public charge rule was designed on purpose to be confusing, complicated, and scary. You have rights in this country no matter where you were born. The more we know about our rights, the harder it is for the Trump administration to scare us. We encourage you to learn more about your situation before making decisions that may harm you or your family. (National Immigrant Law Center)

One of the ugliest attacks the Trump regime has launched against immigrants is a set of new “public charge” regulations. The new rules are meant to keep poor, mainly non-white immigrants out of the US, and to sow fear and confusion among those who are already here, discouraging people from getting permanent residency as well as the social benefits they are entitled to. The long-term goal of the administration is nothing less than a massive distortion of the US immigration system, skewing it to welcome the wealthy and exclude the working class.

“Public charge” first became law as part of the Immigration Act of 1882. The Act mandated the exclusion of any immigrant “unable to take care of him or herself.” The government’s interpretation of this vague phrase has evolved, often reflecting waves of racial and class chauvinism. In the twentieth century, public charge rules were used “first to keep out poor Asian Indians and Mexicans and then to keep out poor people generally.” (Daniels and Graham, 2001) In the 1930’s Jews fleeing Nazi Germany were kept out of the US by public charge tests.

Public charge regulation is rooted in a xenophobic narrative that portrays immigrants as a drain on the economy. This has been widely debunked. Study after study shows that immigrants provide an overall boost to the economy. They pay billions in taxes, have enormous spending power, and “end up contributing more money into the economy than they take out in public services” (“US Immigrants Pay Billions..” Quartz)

In recent decades, the US generally raised public charge issues only against immigrants who were completely reliant on government aid to survive. This included small numbers of people on welfare or in government-run nursing homes. But that has changed. As of February 24, 2020, under Trump’s new regulations, public charge rules penalize many immigrants who use–or may someday use–a whole list of benefits, including federal Medicaid, welfare, food stamps, and federal housing subsidies.

Not surprisingly, the Trump regulations were challenged in court as soon as they were announced. Some of the pivotal lawsuits were initiated by Make the Road New York, working with other advocacy groups. However, in January 2020 the Supreme Court refused to stop implementation of the Trump rules while the challenges work their way through lower courts. In April, the Court turned down a request to freeze public charge regulations during the pandemic. The legal battle continues.

Unless the new regulations are overturned, they will disqualify large numbers of people from getting green cards and protected legal status. Relatives will be prevented from joining their families in the US. There will be additional deportations. Immigrants will not access needed social assistance programs–even those they might still be eligible for. 

All the while, millions of immigrants are left trying to figure out exactly how public charge rules are being enforced, and how their families might be affected later.

In Part 2 next week, we will look at who is not directly affected by the rule change, who is, and how.

WHAT CAN YOU DO?

 

2. The Perception of Protests in Pandemic Times

Anti-Trump protests with far more attendees in a single day than all of April and early May’s #ReOpen events … passed with far less attention in the national press. (Vox)

Protests aim to bring attention to an issue so that attention can bring about social change. When the new Trump administration announced its first travel ban against Muslims in January 2017, thousands of protestors rapidly gathered at NYC airports, drawing critical public attention to the issue. Within 24 hours, a federal judge in NY issued a temporary injunction and the ban was lifted.

Naomi Wolf notes that an effective protest disrupts business as usual — so how does protesting change when the entire planet is disrupted? When there is no business as usual?

Immigrant rights groups in New York and New Jersey have taken to their cars in “driving protests” with hand-written signs in every window, driving slowly in caravans, honking horns, and flashing lights, to draw attention to immigrant detainees locked in detention centers during the pandemic. Cosecha organized a month of #FreeThemAllFridays with bike and car rallies to demand people’s release from ICE detention. Immigration activists gathered at an elevated station on the 7 train in Queens to unfurl banners– “Fund Excluded Workers”, “ Cancel Rent Now”, and “Free Them All”. On May Day, the Laundry Workers Center coordinated with nail salon workers, street vendors, domestic workers, cab drivers, and other workers for an hour of storytelling streamed live with Congresswoman Alexandria Ocasio-Cortez. Make the Road and NICE have also held COVID vigils for #NamingTheLost, remembering those who are lost to us by projecting their names on the side of a building.

During the past month of stay-at-home orders, national media has paid far more attention to small numbers of white protestors with assault weapons–many purposefully not wearing protective face masks, screaming at police and public officials–than they ever paid to large immigrants rights protests over the last year organized by groups like “Lights for Liberty” and “Families Belong Together”. One of Trump’s advisors, Stephen Moore, actually celebrated ‘anti-lockdown’ protestors, which include white nationalist militia members, by trying to associate them with the historic action of Rosa Parks.

For the first time since stay-at-home orders launched in New York in late March, up to ten people may now join for “non-essential gatherings.” While Governor Cuomo initially excluded protesters from his May 21st executive order, he reversed course under threat of a lawsuit by the New York Civil Liberties Union. Up to ten socially-distanced protesters may now gather … JHISN asks our readers to share with us on facebook and twitter the creative forms of protest-in-a-pandemic they are seeing locally.

WHAT CAN YOU DO?

  • Use social media or contact the editors of your favorite newspaper to generate better coverage of immigrant justice protests.
  • Find where your skills are in this set of strategies for sustainable protest, then offer your skills for free to an activist group.

 

3. “In Their Own Words”– Latinx Immigrant New Yorkers and the Impact of COVID-19

Make the Road NY’s recently-released survey, Excluded in the Epicenter: Impacts of the Covid Crisis on Working-Class Immigrant, Black, and Brown New Yorkers, offers an invaluable and devastating picture of local communities reeling from the pandemic. Based on 244 phone interviews with mostly Latinx immigrants in and around NYC, the report reveals in careful empirical detail the intersecting crises faced by respondents: of work and income, housing, illness and death, education, and emotional health. 

Mapped out in charts, graphs, interview excerpts, and biographical stories, the unmet needs of immigrant New Yorkers are staggering. While one in six respondents have already lost a family member to COVID-19, and four in ten report family members with COVID-19, less than half believe they have received the medical attention that they or their loved ones need. With 92% of respondents living in households where at least one earner has lost a job due to the crisis, only 5% have received unemployment benefits in the past month. Among the two-thirds of respondents experiencing depression and anxiety, nearly half do not know where to go for help. With 89% of respondents worried about how they will pay their rent, only 15% have received any form of government assistance.

“If we don’t die from the virus,” said one member, “it will be from hunger.”

The report also spotlights the experiences of youth—one-third of respondents were 24 years old and under—almost all of whom spoke of the toll the crisis is taking on their mental health:

It’s been hard! My brother and I are in college and my younger brother and cousin are in high school and elementary school. It’s very stressful. All of us are at home so it’s packed and it’s hard to concentrate. A sleep schedule has been hard to maintain. Dad and Grandma tested positive for COVID-19 and there are people in the house that are not obeying the social distance norms. Mental health issues as a student have been hard for me to deal with and getting help has been difficult because it’s not something I’ve navigated before.

Nearly one-quarter of young people reported that their experience with remote learning was “poor” or “very poor,” due to barriers including internet access (38%), no devices (42%), lack of school support (34%), or parents working (18%).

What would a ‘true recovery’ from this crisis look like? Excluded in the Epicenter ends with concrete policy recommendations and political demands that would help build a just society in which immigrant communities are, always, essential and empowered. 

WHAT CAN YOU DO?

We wish you health, strength, and care as the crisis transforms and continues. The rich, complex fabric of our neighborhood has been torn. We hope that solidarity is one means of repair, together with new forms of connection.

Jackson Heights Immigrant Solidarity Network

 

Follow @JHSolidarity on Facebook and twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN. 

 

 

Public Charge: Latest Update

Posted on February 3, 2020 by - Immigration, News, Public Charge, Your Rights, Your Voice

A letter from Nick Gulotta, Director of Outreach and Organizing, Mayor's Office of Immigrant Affairs:

Dear Community Leader,

I am writing to share an important update on the Trump administration’s public charge rule. As you may have heard, yesterday, the U.S. Supreme Court permitted the public charge rule to go into effect, while litigation over the rule continues. This means the public charge rule is in effect, for now, in New York and most places nationwide.

It is important to know:

·         The “public charge” test does not apply to everyone.

·         There is no “public charge” test for green card holders who apply for citizenship.

·         Free legal help is available. Call ActionNYC at 1-800-354-0365 and say “public charge.”

·         The public charge rule does not change eligibility requirements for public benefits.

·         The City's litigation against the "public charge" rule is not over.

What you can do: Attached is an updated flyer in English and Spanish to share with anyone who can use it. You can also post PSAs on social media and in newsletters from MOIA’s social media tool kit, and visit nyc.gov/publiccharge for updates. Translations will be posted on our website as soon as they become available.

Statement from the Mayor’s Office of Immigrant Affair’s Commissioner Bitta Mostofi:
“I am deeply troubled that the court has allowed this dangerous Public Charge Rule to go into effect, for now, placing the well-being of millions of families, children, the elderly, and people with disabilities at risk.  The City will do everything in its power to connect people to the resources they need and to help dispel the confusion the Rule has created.  It’s important to know that eligibility for public benefits has not changed and many immigrants are not affected by public charge. It is also important to know that the case is still being fought in court.  Don’t stop using public benefits unnecessarily.  If you are worried or have questions about immigration and public benefits for you or your loved ones, you can call the free, confidential ActionNYC hotline at 1-800-354-0365, or call 311 and say ‘Public Charge’ to access timely and trusted information and connections to legal help. The City is here to help you make a decision that is best for you and your family.”

Statement from Mayor Bill de Blasio:
“Immigrant New Yorkers are our neighbors, our friends, and our fellow parents. We cannot stand by while they are treated as less than human – expected to weigh putting food on the table against the need for a Green Card. The Trump Administration wants to scare us into silence, but this is New York City. We are still in court and we will not stop fighting for the rights of immigrants to feed their families.”

In community and solidarity,

Nick

More information can be found in this PDF, in ENGLISH and SPANISH.

 

 

 

Don’t Panic! Public Charge Rule Changes

Posted on September 18, 2019 by - News, Public Charge

UPDATE – 11 October 2019: 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.

18 September 2019: Yesterday afternoon, the New York Immigration Coalition held their Queens Town Hall on Public Charge. Changes to the Public Charge Rule are set to go into effect on October 15, 2019, though this may be delayed due to litigation. Fear and confusion have led many people, some of whom wouldn’t have been affected by these changes, to drop services and benefits they desperately need.

The Public Charge Rule is a test to determine if someone will become dependent on the government. It is assessed when someone applies for a green card or certain types of visas. The concept is not new; it has existed for over 100 years. However, since 1999, only two types of benefits were considered in the test—cash assistance (like TANF or SSI) and institutionalized long-term healthcare (like a nursing home).

When the changes go into effect in October, other criteria will also be considered, including SNAP (food stamps), subsidized housing assistance (Section 8 and public housing), and non-emergency Medicaid (but NOT healthcare services, the Essential Plan, Emergency Medicaid, or Medicaid for pregnant women and children). Immigrants who use these benefits could be considered a “public charge” and see their applications for green cards or visas denied.

Don’t panic. First, determine if you are affected by these changes. Many people aren’t. For example, if you are already a U.S. citizen, or you are a legal permanent resident (green card holder), or you are applying for U.S. citizenship, this rule change does not affect you. Do not withdraw from any services or benefits that you currently receive.

Similarly, if you are a refugee, asylee, Special Immigrant Juvenile (SIJ), T & U Visa holder, victim of domestic violence (VAWA), or have another humanitarian status, you are also exempt from the rule change.

The rule change affects only people who are applying for a green card or visas that are not exempt as listed above. Even if you may be affected, remember that public charge determinations are based on many different circumstances, including whether a person’s income, resources, age, family situation and health would lead to dependence on government assistance in the future. Being enrolled in benefits does not by itself make someone a public charge. If you are concerned about your situation, consult an immigration or benefits expert before disenrolling from any programs.

New Yorkers who have questions about the new rule can contact the Office for New Americans hotline at 1-800-566-7636 to receive more information and be connected to resources.

For further information, download the NYIC Public Charge flyer, available in several languages.

The Mayor’s Office of Immigrant Affairs also has a page on the Public Charge Rule.

 

 

Update on Public Charge Rule

Posted on August 13, 2019 by - News, Public Charge

A letter from Nick Gulotta, Director of Outreach and Organizing, Mayor’s Office of Immigrant Affairs:

Dear Community Partner,

As you know, the Trump administration has released the “Public Charge” rule change. This rule change has not gone into effect.

As Mayor de Blasio and Commissioner Bitta Mostofi of the Mayor’s Office of Immigrant Affairs said in a statement, this rule is another attempt to instill fear and concern among countless working immigrant families. But as we know, New Yorkers are fighters and the City will do everything in our power to ensure people have the resources they need at this critical time. The City of New York will be bringing legal action and will have more to share in the coming days.

Update you should know about the public charge rule:

  • It will go into effect on October 15, 2019. (Anticipated litigation over the rule may change this timeline.)
  • The rule will penalize low and middle income immigrants applying for a Green Card or certain types of visas, for using certain public benefits for which they are eligible.
  • Immigrants who are concerned about how the public charge rule might affect them or their loved ones can call ActionNYC at 311 or 1-800-354-0365 and say ‘public charge’ to access City-funded, trusted legal advice.

Please share this update with your network. Resources in multiple languages will be made available shortly on nyc.gov/publiccharge.

We are committed to helping all New Yorkers access the public benefits and services they’re entitled to.

In solidarity,

Nick

Nick Gulotta
Director of Outreach & Organizing
Mayor’s Office of Immigrant Affairs
212.748.0395
Pronouns: He/him/his