The #PublicCharge rule was stayed (for now) & is huge relief but in nitty-gritty of immigration cases happening away from twitter-sphere, injunction is of little coseq. Last FRI I got email from OPLA atty on upcoming 42B merits w/ “I don’t see the credit reports 4 Respts?” WTF!?!
It has nothing to do with cancellation of removal eligibility or meeting the burden of proof to get #immigration relief requested. But you see, Credit Score was one of the things introduced into immigration adjudications by the #PublicCharge rule. 1/
A confession is in order. I my 19 yrs practicing immigr I have never submitted Credit Reports/Scores in cancellation cases bc those are often not pretty. It has very little to do w issues at bar but everything to do on how debt & debt collection affect vulnerable populations. 2/
Studies show that approximately 32% of all adults in US have a debt in collection reported on their credit reports, thus impacting severely their crdt scores!!! CFPB found in ’17 survey that 53% of ppl reported contacts by debt collectors for a debt that was not even theirs. 3/
A different study found that 60-70% of all CFPB complaints filed during a 3 yrs period related to debts not properly calculated or severely inflated. Those are just few examples. 4/
Not to mention that suing to collect debt in remote venue, sewer service & false affidavits are the bread & butter of debt collection industry & their band of marry ‘creditors rights’ lawfirms (who are themselves the worst debt collectors, but I’ll leave this pet peeve 4 later 5/
But these statistics are about reported issues. My point is about a rarely explored aspect of debt/debt collection: astonishing underreporting of predatory debt collection practices among vulnerable population, especially #immigrants. 6/
Non-citizens, especially those without status simply DO NOT file complaints w FTC/ @CFPB because of fear of ICE action. But also, as is with POC in generally, they have no idea of Fair Debt Collection Practices Act, do not know where or how to file a complaint, ... 6/
... or simply they do not have access or ability to follow on-line complaint filing process & instructions due to illiteracy, lack of English skills or access to legal help. 7/
End result is that vast majority of non-citizens or citizens petitioning 2 immigrate family member were often the easy targets of schemes meant to exploit immigrant community w predatory short term or payday loans, exorbitant mortgages w adjustable rates & balloon payments etc 8/
Yes those often result in default or severely delinquent pymnts. But that was the goal of those loans from the start: to result in default. When the dust settles its all reported as a number & end up on Credit Reports that look awful w/out disclosing the human tragedy behind. 9/
It is well documented by CFPB that non-white debtors w missed payments were contacted over 15% more often by debt collectors. 2017 Consumer Views Rrt showed that 39% of Hispanics interviewed reported being contacted about a debt in collection, compared to 31% of non-Hispanics 10/
And when it comes for default judgments things are especially ugly. The vast majority of debt & judicial foreclosure default judgments are taken in areas known to be communities of color. 11/
There are many reasons for these but my point is that the reported statistics & documented disparities strongly suggest that the inclusion of the issue of credit into #immigration adjudication was a calculated decision meant to assure that it will net derogatory ... 12/
... information for the vast majority of ppl seeking to immigrate and/or required to show ‘self-sufficiency’ or good moral character. 13/
And if it is ever allowed to be used either as a published rule or as a factor taken into consideration on a particular case by IJs it will be horrid and will result in many denials that would be completely unsuspected by applicants & counsel. 14/
And this is way: judges & officers deal w their own credit cards debt & mortgages & pay them or struggle to catch up on major debt w min payments, so to see an applicant who either just stopped paying or ...15/
... has multiple default judgments that are noncollectable or worse foreclosure or 2, well the old ‘how about me’ feeling will swell for the “there are no free money” rebukes, which will predictably result in inadmissibility determinations or discretionary denials of benefits 16/
What Trump & Stephen Miller have done in the immigration field is evil, really evil, folks. And the worst part is that even if all these regs are scraped they still have poisoned the well to such an extent that adjudications will never be the same. END
