Legal migrants fear rule changes
Fewer seek public aid as feds weigh new screening
A Trump administration proposal is making legal immigrants in Arizona increasingly fearful of getting government help for basic needs, including health care, a statewide anti-poverty coalition says.
The Department of Homeland Security’s draft “public charge” rule change would allow the government to penalize immigrants who use taxpayer-funded programs such as Medicaid (in Arizona, the Arizona Health Care Cost Containment System, or AHCCCS) and subsidized housing.
A federal public comment period on the proposal is open through Dec. 10.
The proposal has already resulted in fewer vulnerable Arizona immigrant families seeking out help with health, food and shelter, even if the rule wouldn’t apply to them, members of the Arizona Basic Needs Coalition said during a press conference held at the First Church, United Church of Christ in downtown Phoenix.
Incorrect information and rumors
circulating about the proposal are having a serious chilling effect, said Dana Wolfe Naimark of the Phoenix-based Children’s Action Alliance, which is part of the coalition.
The proposal is confusing and it’s causing a lot of families to just avoid any kind of government help, she said.
“It is not yet in effect and it’s very important that families know nothing yet has changed. They still should be using the services that are available to them to keep their families safe and healthy,” Wolfe Naimark said.
Families who use federally qualified health centers are asking to be dropped from AHCCCS, SNAP and KidsCare, said Erika Mach of the Arizona Alliance for Community Health Centers.
KidsCare is a Medicaid program for kids whose parents earn too much to qualify for AHCCCS but not enough to afford private health coverage. SNAP is the Supplemental Nutritional Assistance Program, formerly known as food stamps.
“We have also experienced families skipping or canceling their appointments with our eligibility workers, as well as appointments with their health care providers,” Mach said. “This could very well have a negative impact on public health . ... There’s a lot of confusion among the general public leading children to not getting the health care they need.”
A “public charge” assessment to determine someone’s likelihood of being reliant on government aid is made when a person applies to enter the U.S. or adjust their status to obtain a green card.
Under the proposed rule change, a public charge assessment would also be made when a person applies to extend a current visa or change visa type.
Currently, the law takes into account
“We have also experienced families skipping or canceling their appointments with our eligibility workers, as well as appointments with their health care providers. This could very well have a negative impact on public health . ... There’s a lot of confusion among the general public leading children to not getting the health care they need.”
immigrants who are receiving Supplemental Security Income and Temporary Assistance for Needy Families, as well as institutional long-term care such as Medicaid coverage of nursing home care.
The proposed change would expand the list of benefits considered in the assessment to include non-emergency Medicaid, the Medicare Part D low-income subsidy, housing assistance and food assistance through SNAP.
The federal government says the proposal promotes self-sufficiency and protects American taxpayers. It will clearly define a longstanding law that ensures U.S. immigrants can support themselves financially and will not be reliant on public benefits, Department of Homeland Security officials said in a Sept. 22 news release announcing the proposal, which was published in the Federal Register Oct. 10.
The public charge rule has numerous exemptions. It does not apply to refugees, people seeking asylum, people applying for U.S. citizenship and survivors of trafficking and domestic violence, among others.
The coalition estimates about 220,000 Arizonans could be directly affected by the rule change.
The Georgetown University Center for Children & Families estimates the changes could impact the lives of more than 10 million citizen children in the U.S. with non-citizen parents.
“Under current law, a public charge is defined as a person who is or is likely to become primarily dependent on public benefits. Under the proposed rule, the definition would be broadened substantially to include a person who is or is likely to receive one or more public benefits,” a Georgetown issue brief on the proposal says. “The proposed rule would substantially deter families from using public benefits because the list of public benefits considered is much longer, the proposed rules are incredibly complex, and the ultimate outcome of the public charge test is difficult to predict.”
Basic Needs Coalition members said they are hoping individuals will speak against the proposal during the public comment period.
“It targets legal immigrants trying to feed their families,” said Angie Rodgers of the Association of Arizona Food Banks. “Since the draft of the proposed policy change was leaked in 2017 we have noticed a chilling effect . ... (Free/ reduced) school lunch applications have dropped in districts across Arizona due in part to fear about how enrollment would affect the household’s immigration status.”
Families are also afraid to seek help paying for food through SNAP, she said.
“The impact goes to the very fabric of our communities, our workforce and Arizona’s future,” Naimark said. “The proposed rule specifically affects people who are following all the rules, waiting to get their piece of the American dream.”
Supporters of the proposal, including the Washington, D.C.-based Federation for Immigration Reform, say the public charge rule goes back to the 1880s and is based on a desire to bar immigrants who are likely to depend on government assistance.
“Coming to the U.S. as a legal immigrant is a two-sided bargain — we allow you to pursue life, liberty and happiness and you will abide by the laws of the country and not become a public charge,” said FAIR spokesman Ira Mehlman, whose group pushes for less overall immigration. “The intent was to ensure people would not be primarily dependent on public services like Medicaid . ... It is ensuring the American public isn’t going to be responsible for the basic needs of people we have admitted.”
But the Basic Needs Coalition says the policy as proposed puts some parents of young children as well as older adults in an impossible situation where they risk jeopardizing their permanentresident status if they get government help. And if they don’t get government help, they could risk their families’ health.
“The moral impact of the changes proposed by the Department of Homeland Security is not in keeping with American values and morals that this country has and hopefully continues to stand for,” said the Rev. James Pennington who is the leader of First Church, United Church of Christ. “We have always been called to treat everyone within the borders of our nation with dignity, respect, and as brothers and sisters in this human race.”
The federal government’s own description in its proposed rule change says immigrants who are otherwise eligible for public benefits programs may drop out or not enroll at all because of the rule changes, which could lead to, among other consequences, worse health outcomes, including increased prevalence of obesity and malnutrition; reduced prescription adherence; and increased use of emergency rooms and emergent care as a method of primary health care due to delayed treatment.