Thread by @doug_rand

Today the #PublicCharge proposal was officially published by @DHSgov. This is a plan to turn down applicants for green cards and temporary visas if the gov't determines they are "likely at any time in the future to receive one or more public benefit." 1/
federalregister.gov/documents/2018…

Even though this is just a proposal, and we are many months away from any changes to current regulations, #immigrants are already canceling their enrollment in government programs *even though they shouldn't be afraid to use them.* 2/
newyorker.com/news/dispatch/…

Fear travels faster than facts. Every report about the "chilling effects" of the #PublicCharge rule is a heartbreaking story of needless misery. (See @SuzGamboa @NBCNews) 3/
nbcnews.com/news/latino/im…

Advocates like @nilc_org @CLASP_DC @AILANational @cliniclegal @NWIRP @CASAforall @WeAreUnidosUS (and many more) are working overtime to #ProtectFamilies and help #immigrants understand the facts of the #PublicCharge proposal. 4/
protectingimmigrantfamilies.org/resources/

As serious and sweeping as the #PublicCharge plan is, I hope that journalists take extra care to educate readers about what is *not* going to change for the worse. 5/
boundless.com/blog/public-ch…

First, the @DHSgov #PublicCharge rule will *not* apply to permanent residents (people who already have green cards).

Second, it will *not* penalize a visa applicant for government benefits used by their children or other family members. 6/

Third, the @DHSgov #PublicCharge rule will probably *not* take effect until mid-2019 at the very earliest.

Even then, it won't apply retroactively to benefits used before the effective date.

And it will only penalize the use of certain benefits from a specific list. 7/

What does this mean for #immigrants and their families? 8/
usatoday.com/story/news/pol…

For starters, there's a whole universe of gov't programs that *nobody should be afraid to use,* simply because they aren't on the @DHSgov #PublicCharge list: tuition assistance, Head Start, school lunch programs, earned income tax credit, & Obamacare subsidies, to name a few. 9/

Here's the list of programs that the #PublicCharge plan would actually penalize visa-seekers for using: SSI, TANF (welfare), SNAP (food stamps), federal housing & rental assistance, non-emergency Medicaid, Medicare Part D subsidies, and long-term institutionalization. 10/

There is *no good reason* for someone to stop using these benefits right now if they are eligible for them. @DHSgov plans to penalize green card & visa applicants only for benefits used *after* the #PublicCharge rule effective date, which again won't be until around mid-2019. 11/

(By the way, Congress has already made all undocumented immigrants and most legal immigrants ineligible for most of these benefits. #PublicCharge is a "solution" in search of a problem.) 12/
fas.org/sgp/crs/misc/R…

Caveat #1: The #PublicCharge proposal is a @DHSgov policy, so it would apply only to applicants for green cards & visas *who are already in the US.* Applicants abroad are subject to @StateDept policy, which got a lot murkier since January 2018. 13/
cliniclegal.org/resources/stat…

Caveat #2: Though @DHSgov #PublicCharge plan does *not* apply to permanent residents (green card holders), @TheJusticeDept "intends to conduct a parallel rulemaking on public charge deportability." Timing unclear, but expect it to be relatively narrow. 14/
everycrsreport.com/files/20170206…

Caveat #3: Why do I believe that the #PublicCharge rule won't be finally enacted until mid-2019 at the earliest? Because it takes a long time to go from a proposed rule to a final rule, as helpfully revealed by @BrookingsInst: 15/
brookings.edu/interactives/t…

(Full disclosure: I worked on #immigration regulations in the Obama White House. Getting one of them finalized in 5 months was warp speed and highly unusual. More common was 9 months or more.) 16/

Bottom line: The #PublicCharge rule is not law yet, and it won't penalize use of benefits retroactively. For #immigrants and their children who are eligible for government programs today, the negative consequences of canceling those benefits are real and immediate. 17/

The comment period for #PublicCharge begins today & closes on Dec 10. @DHSgov *must* read every comment & respond to every argument it receives. (That's more than you can say for writing a letter to Congress!) You can make your voice heard here: 18/18 regulations.gov/comment?D=USCI…

Covering #PublicCharge:
@yjtorbati
@DLind
@NickMiroff
@mirjordan
@SuzGamboa
@JuliaEAinsley
@lauradfrancis
@TalKopan
@jonathanchait
@HeathaT
@mariauxpen
@alangomez
@NateWeixel
@m_rhodan
@emilym_moon
@EricLevitz
@jendlouhyhc
@Haleaziz
@nlanard
@manueljmadrid
@JonathanBlitzer