On Friday, September 9, 2022, The Biden Administration restored pre-Trump era public charge regulations when the U.S. Department of Homeland Security (DHS) issued a final public charge regulation that provides critical protections to secure immigrant families’ access to health and social services. This is a welcome update to the policy shift (flagged in March 2021) made to public charge regulations instituted in 2019 under the Trump administration

“The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,” said Secretary of Homeland Security Alejandro N. Mayorkas. (DHS)

The Trump administration upended public charge rules that had existed for 20 years prior to their one term in office. Their changes were not consistent with Catholic Social Justice or NETWORK’s Build Anew Agenda, That administration considered noncash public benefits, such as the Supplemental Nutrition Assistance Program (SNAP), Medicaid, or housing assistance, in applications for green cards or temporary visas. immigrant persons, families, and children.

The Biden administration’s reversal not only restores the policy to the pre-Trump era, it also includes an improvement sought by more than 1,000 organizations coordinated by the Protecting Immigrant Families coalition (PIF): DHS will not consider use of health care, nutrition, or housing programs when making immigration decisions. NETWORK Lobby is in the PIF coalition.

Reacting to the publication of the final public charge regulation, PIF issued the following statement:

“The final Biden public charge regulation is a major win for immigrant families. We know that anti-immigrant politicians will attack this reform through partisan litigation, but there are solid grounds for a court to uphold the rule. The new rule clarifies what is and is not considered in a public charge determination, providing assurances that eligible immigrant families can use health care, nutrition, and housing programs without public charge concerns.

“The more than 600 members of the PIF coalition are emboldened in our broader fight to repeal provisions in immigration law that are racist and discriminate against low-income people of color. Congress must strike public charge from the law and eliminate other barriers to the health and social services safety net. We will continue to push our leaders for action.” (PIF director, Adriana Cadena)

Note: This DHS decision was met with broad support by House Leadership. Ways and Means Committee Chairman Richard E. Neal (D-MA) and Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) applauded the Biden Administration’s final rule restoring longstanding policy on the treatment of noncitizens seeking government assistance.

Additional background

The Trump-era regulations had a chilling effect on immigrants, causing many fearful to reach out for public assistance. An Urban Institute study examined immigrant families living with children under the age of 19 under the Trump policy in a Well-Being and Basic Needs Survey. The study found a significant preference to avoid health and social services benefits in order not to jeopardize their immigration application. This, of course, compromised their safety and well-being (and that of their children)–especially in light of the COVID-19 pandemic.

One in 5 adults in immigrant families with children (20.0 percent) and almost 3 in 10 of those in low-income immigrant families with children (28.8 percent) reported that they or a family member avoided one or more noncash public benefits or other help with basic needs in 2020 because of concerns about green card status or other immigration-related reasons. (Urban Institute)

Learn more with these resources:

• Biden Delivers Major Win for Immigrant Families-Now Congress Must Act 
• Public Charge-What Advocates Need to Know
• Federal Register-DHS Public Charge Regulations
• The 1-2-3’s of Public Charge
• Urban Institute Study-Immigrants and Public Charge

“Title 42 is a policy failure plain and simple. It does nothing to stop COVID from being spread and by circumventing immigration law it actually goes against the principles on which our country was founded.
Ending it was the right decision”
– Rep. Pramila Jayapal (WA-7)

A Trump appointed federal judge ordered a two week hold on the phasing out of the Title 42 expulsion policy, raising doubts about the Biden administration’s ability to restore asylum on May 23.

As Pope Francis said, “[T]housands of persons are led to travel north in search of a better life for themselves and for their loved ones, in search of greater opportunities. Is this not what we want for our own children? We must not be taken aback by their numbers, but rather view them as persons, seeing their faces and listening to their stories, trying to respond as best we can to their situation … Let us remember the Golden Rule: ‘Do unto others as you would have them do unto you.’” (Papal address to the United States Congress, 9/24/15.)

Faith and secular border reception agencies are ready to receive asylum seekers and hope that Congress and the Administration will treat them as partners in this journey so that they can provide the best service to our siblings at the border. Rather than fall victim to anti-immigrant rhetoric, we have an opportunity now to live up to our values and show compassion.

Title 42 is a death sentence for these vulnerable asylum seekers. At its core, Title 42 is an obscure public health law weaponized advance cruel, xenophobic immigration policies under the guise of public health.

We know how to curb COVID-19: vaccines, masking, and social distancing. A xenophobic and selective ban on individuals and families fleeing harm only undermines public trust in federal institutions like the CDC.

We can protect public safety without turning away vulnerable families coming to this country for a better life.

Join NETWORK activists in restoring the right to asylum, email Congress now!

164 Catholic organizations joined together to send a letter to President Biden ahead of the World Day for Migrants and Refugees demanding he end the misuse of Title 42. Title 42, first invoked by the Trump administration and affirmatively continued by the Biden administration, has been used to expel an unknown number of asylum seekers at the U.S.-Mexico border, putting them in harm’s way and denying them the opportunity to seek life-saving protection.

After a federal district court ordered the Biden administration to stop using Title 42 to expel migrant families with children on September 16, giving the Administration two weeks to comply, the Biden administration doubled down on its support for this unjust policy by immediately appealing the decision. President Biden can and must take action to stop the misuse of the policy once and for all.

The letter calls on the President to listen to and act on Pope Francis’ message to the world for this Sunday’s  107^th World Day for Migrants and Refugees, to make, “no distinction between natives and foreigners, between residents and guests, since it is a matter of a treasure we hold in common, from whose care and benefits no one should be excluded.”

The letter was co-lead by the Catholic Legal Immigration Network, Inc., or CLINIC and NETWORK Lobby for Catholic Social Justice. Notable signatories include: Jesuit Refugee Service/USA, Maryknoll Office for Global Concerns, National Black Sisters’ Conference, Sisters of Mercy of the Americas, U.S. Federation of the Sisters of St. Joseph, Pax Christi USA, Kino Border Initiative, Hope Border Institute, the Center for Social Concerns at the University of Notre Dame, Catholic Charities Atlanta, Catholic Charities of North Louisiana, and many more. See the letter and full list of 164 signers here.