Thread by @doug_rand

What is this long-anticipated #PublicCharge rule affecting #immigrants that @DHSgov announced over the weekend? I've updated this detailed explainer from @chooseboundless, and here comes a TL;DR... 1/
boundless.com/blog/public-ch…

Bottom line: Although the Republican-controlled Congress isn't interested in slashing legal #immigration, the Trump Administration is pursuing a workaround through a unilateral @DHSgov regulation. 2/

The #PublicCharge rule is designed to significantly reduce the number of people who are eligible for green cards and other visas, by redefining what makes them dependent on government benefits -- *or likely to be in the future.* 3/

Prior versions of the #PublicCharge policy were leaked earlier this year & reported on by @yjtorbati (@Reuters), @DLind (@voxdotcom), @NickMiroff (@washingtonpost), & @JuliaEAinsley (@NBCNews). What @DHSgov just officially released is actually *less* aggressive in many ways. 4/

It expands the scope of off-limits gov't benefits to include food stamps, federal housing assistance, Medicare Part D, and non-emergency Medicaid benefits... 5/

...but doesn't *explicitly* penalize use of Obamacare subsidies, Earned Income Tax Credit, nutrition assistance for women and children (WIC), CHIP, home heating assistance, Head Start, and other benefits listed in earlier drafts. 6/

The new official #PublicCharge proposal also doesn't explicitly penalize a visa applicant if their spouse or children use these government benefits, which was one huge source of objection to the previously leaked drafts. 7/

And this #PublicCharge proposal doesn't address the deportability of *current* green card holders for using government benefits... 8/

...but yesterday @DHSgov sent reporters an official backgrounder stating: “The Department of Justice intends to conduct a parallel rulemaking on public charge deportability, and will ensure that the standards are consistent to the extent appropriate.” 9/

So much for moderation. Now let's turn to all of the ways that the @DHSgov #PublicCharge proposal is a massive departure from well over a century of precedent in immigration law. 10/

Penalizing #greencard applicants for actual prior use of non-cash benefits: This is a big deal, and has been widely covered in the press, but it's just one of many new potential traps... 11/

Blocking #greencard and other #visa applicants for "likely *future* use" of government benefits: This is where the #PublicCharge proposal gets really murky and expansive. 12/

How does @DHSgov want to evaluate whether you might become a #PublicCharge any any point in your life going forward? Let us count the ways... 13/

How old are you? Under 18 or over 61 could be a problem. 14/

How healthy are you? @DHSgov plans to scrutinize any medical condition and assess whether this could affect your ability to work. 15/

Got any kids? The more children or other dependents, the greater the likelihood of a visa denial. 16/

Do you have "adequate education and skills"? That could mean a high school degree or higher, plus English proficiency. 17/

How's your financial situation? Prepare to have @DHSgov look at your credit history, credit score, financial liabilities, and private insurance coverage. 18/

Do you earn more than 2.5 times the federal poverty line? That's annual household income of $41,150 (for a couple with no children) on up to $73,550 (for a family of five) or higher. 19/

These are all effectively new lines of scrutiny. We're talking about solidly middle class individuals getting their green card applications denied on #PublicCharge grounds, even if they would have never touched government benefits throughout their natural lives. 20/

*And* these new #PublicCharge factors wouldn't just apply to green card applicants, but also many temporary (“nonimmigrant”) visas. Last year, @DHSgov received over 233,000 applications for an extension or change in nonimmigrant status. 21/

I hope that the following facts about #PublicCharge get more attention, too: 22/

Congress has already barred most legal #immigrants from using the major federal social safety net programs until they’ve been permanent residents for 10 years. That includes welfare (TANF), food stamps (SNAP), disability benefits (SSI), and Medicaid. 23/

#Undocumented #immigrants are barred for life from using most gov't benefits. The #PublicCharge rule is sure to confuse people about this reality. See this @CRS4Congress report for a handy summary. 24/
fas.org/sgp/crs/misc/R…

In fact, the #PublicCharge rule is designed to penalize people for using only those gov't benefits *they are perfectly allowed to take advantage of under existing law.* 25/

Perhaps the most Kafka-esque example: If someone previously applied for a visa application fee waiver available from @DHSgov, they could then be denied a visa … by @DHSgov. 26/

For all this, it's important to emphasize that the #PublicCharge rule is still just a proposal. The status quo remains in effect until @DHSgov issues a *final* rule, which probably won’t be enacted until mid-2019 at the very earliest (barring delays, lawsuits, etc.) 27/

In the meantime, the longstanding narrow definition of #PublicCharge won’t change ... at least for green card and visa applicants *within the US.* They're the ones under the jurisdiction of @DHSgov / @USCIS, the agencies pursuing this new regulation. 28/

But the @StateDept has been applying its own expanded #PublicCharge parameters to visa applicants *abroad* since Jan. 2018. See @nilc_org for details. 29/
nilc.org/wp-content/upl…

Advocates organizing around the #PublicCharge rule include @nilc_org @CLASP_DC, @mboteach at @amprog, @FWDus, @AILANational, @immcouncil, @NewAmericanEcon, @cliniclegal, @NatImmForum, and many more. 30/

And expect continued excellent reporting and analysis on #PublicCharge from journalists like @yjtorbati, @DLind, @NickMiroff, @mirjordan, @SuzGamboa, @JuliaEAinsley, @lauradfrancis, @TalKopan, @jonathanchait, @HeathaT, @mariauxpen, and no doubt many more. 31/31