ACRS Condemns ‘Public Charge’ Regulation Aimed at Blocking Citizenship for Legal Immigrants on Public Assistance

FOR IMMEDIATE RELEASE
August 12, 2019

SEATTLE — The federal government on Monday released a final decision on a new Department of Homeland Security (DHS) regulation that makes it harder for legal immigrants who rely on public benefits, such as Medicaid, food stamps and or housing assistance, to obtain a green card or U.S citizenship. The rule change, known as “public charge,” negatively impacts immigrants with low income and little education and affects thousands of Washington state Asian American and Pacific Islander families, weaponizing health and human services programs against immigrants and their families, including U.S.-born children. When proposed last fall, the regulation drew more than 266,000 public comments, overwhelmingly in opposition.

Asian Counseling and Referral Service (ACRS) opposes this attempt by the current administration to use public charge to close off the path to citizenship for those with limited financial means and scare low-income immigrant families into discontinuing use of benefits to which they are entitled. No person in our country should be forced to choose between a chance at citizenship and providing food and basic needs for their loved ones.

The final regulation puts admissions to the U.S. or applications for a “green card” at risk if an immigrant or a member of an immigrant’s family uses Medicare, Medicaid, the Supplemental Nutrition Assistance Program (SNAP, formerly “Food Stamps”) or “Section 8” rent vouchers.  On Wednesday, DHS will officially publish final details of the public charge changes, which would take effect in 60 days starting on October 15.

The potential impact of this rule on the AAPI community is alarming. About 1.1 million Asian immigrants live in families earning under 125% of the poverty line, and over 80% of Asians and Pacific Islanders who received their green cards in 2018 came through the family-based system. Public charge would reduce that number significantly.

According to conservative estimates, the regulation would discourage immigrant populations from seeking public benefits and have a chilling impact on 26 million people nationwide. That includes the one-fourth of all children in the U.S., the vast majority born here, who live in immigrant families.

The rule has two aims: 1) to scare people away from receiving public benefits that they are legally allowed to receive, and 2) to circumvent Congress and reduce the number of people who can be sponsored through the U.S. family reunification system.

In response, ACRS issued the following statement by its executive director Michael Byun:

“It’s clear — Donald Trump is threatening hard-working families in AAPI and other immigrant communities to advance his anti-immigrant politics. He must be stopped.

Senators Maria Cantwell and Patty Murray and area congressional representatives Pramila Jayapal, Adam Smith and others must take action immediately to tear down Trump’s paperwork wall and protect immigrant families. Several attorneys general are already preparing litigation, and we encourage Washington State Attorney General Bob Ferguson to join those efforts.”

AAPIs are particularly sensitive to changes around public charge when considered in historical context. The original public charge legislation was passed in 1882, the same year as the Chinese Exclusion Act, which was fueled by similar unfounded fears and stereotypes of immigrants. This administration’s interpretation of “public charge,” however, is the harshest in U.S. history.

Even with this highly concerning development, ACRS is inspired to see the outpouring of communities and organizations across the country mobilizing and dedicated to fighting this rule change. In solidarity, ACRS remains committed to  continue advocating on behalf of immigrant communities and ensuring their full access to the path to citizenship.