Proposed Public Charge Rule Change is a Black Issue and We Must Fight Back
What Is Public Charge?
The Public charge test is used by U.S. immigration officials to determine if a person is likely to become primarily dependent on the government for assistance. The public charge test has been a part of U.S. immigration law for over a century.
Currently, for the past few decades, the public charge test has only been considered if an immigrant has used cash-based assistance or has been institutionalized for long-term care.
When Would I Undergo This Test?
If they succeed, the administration would use this test when considering applications for green cards or non-immigrant U.S. visas such as student visas, work visas. They would have more reasons to refuse admission or deny applicants. Individuals applying for CITIZENSHIP are not subject to this test.
How Is This Proposed Public Charge Rule Different? What Changed?
Nothing has changed yet BUT The Trump administration has proposed re-defining public charge as an immigrant who receives one or more public benefits. See below for the complete list of the factors considered and not considered:
What are the factors for Public Charge as defined in the 10/10/2018 proposed Public Charge Rule change by the Trump administration?
The factors for Public Charge as defined in the 10/10/2018 proposed Public Charge Rule change by the Trump administration are in line with America’s racist history of preventing Black, Brown and Indigenous people from accessing resources and basic needs.
Are there any positive factors?
First off, MONEY TALKS with this proposed rule. There are a few positive factors including speaking the English language fluently, but only one factor is weighed heavily:
Earning more than 250% of the federal poverty level which is about $63,000/year for a family of 4.
By these standards, 1 in 3 U.S. citizens would fail this test, including those working $15/hr. See more in our fact sheets below.
Who does not have to undergo the public charge test?
Individuals applying for citizenship
Individuals under consideration for TPS, DACA, VAWA, refugee or asylee status
Children and other dependents of immigrants who are not applying for green card or adjusting their immigration status.
I have TPS, what does this mean for me?
If you are applying to renew your TPS, the public charge test will not apply to you. If you are applying to adjust to another immigration status for a green-card through a family member, employer, the test will apply to you and anyone else in your household adjusting . The test does not apply if you are filing for asylum.
What if I am applying for a green card for my child under the age of 18?
Yes, The public charge test will apply to them.
What can I do?
Join the Protecting Immigrant Families national campaign and share comments on the impact of the proposed rule change. COMMENT HERE!
2. Be sure to share the specific ways in which Black immigrants are impacted. See our linked fact sheets below!.
3. Ask your friends, elected officials, business leaders, public health advocates, everyone who believes in justice to speak up. Invite them to visit our page and sign up for updates!