Category Archives: Immigration

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End of Health Emergency Will Impact Immigration, Other Human Needs

End of Public Health Emergency Will Impact Immigration, Other Human Needs

JoAnn Goedert, Ignatian Volunteer Corp Member
Government Relations Special Contributor
May 8, 2023

President Biden has announced that the federal government’s COVID-19 Public Health Emergency (PHE) will end on May 11. The Emergency has been in effect since early 2020, and its termination signals a welcome easing of the tragic impact of the COVID-19 pandemic. But for millions of our neighbors who struggle at or near the poverty in the U.S., and for those hoping to enter the country at our borders, the implications of the PHE’s end will be significant.

Impacts on Domestic Human Needs

In recognition of the economic devastation of the pandemic, benefits were added and eligibility and reporting requirements were suspended for many federal programs, but only until the end of the PHE. For individuals and families living at or near the poverty level, the consequences of terminating these protections will be serious, especially in the areas of health care and food assistance.

“Unwinding” of Medicaid Continuous Enrollment Protections: Pandemic legislation provided enhanced Medicaid funding and authorized Medicaid recipients to keep their coverage until the end of the PHE without having to re-certify their eligibility on a regular basis. Not surprisingly, enrollment in Medicaid grew by over 23 million during the pandemic. However, in December Congress prematurely ended this enrollment protection and instead allowed states to begin “unwinding” the continuous enrollment in April.

Some states already have aggressively begun disenrolling Medicaid recipients, many of whom may be unaware that their enrollment is in jeopardy and even more who will struggle to rapidly document their current eligibility. The Department of Health and Human Services estimates that up to 15 million individuals will be disenrolled in the coming months, and that nearly half of those who lose coverage are in fact eligible but unable to surmount the bureaucratic challenges of proving it. As a result of the unwinding of Medicaid continuous enrollment, the number of uninsured adults and children in the U.S. is predicted to soar, with tragic consequences for families and massive new burdens on health care system.

Restoration of SNAP Benefit Limits for Individuals Without Jobs: The Supplemental Nutrition Assistance Program (SNAP) has strict and complex work requirements for “able bodied adults without dependents” under age 50 that terminate their benefits after three months unless they can prove that they are employed or in a job training program. In response to widespread unemployment during the pandemic, the government suspended that three-month limit. With the end of the PHE, however, this suspension will cease for most SNAP participants on June 30, and these individuals will once again be limited to only three months of SNAP eligibility while unable to meet the work requirements in any three-year period.

March 1 Termination of SNAP Emergency Benefit Allotments: It is important also to note that increases in SNAP benefits provided as pandemic relief were ended nationwide by March 1. This substantial reduction in benefits amounted to an average of approximately $90 per month per individual and over $200 per month for most struggling families. Soup kitchens and food banks nationwide already have reported an overwhelming increase in need since the cut.

Phase-out of SNAP Benefit Expansion for Students: In addition, pandemic legislation extended SNAP eligibility to many more higher education students. With the end of the PHE, their eligibility will be phased out over the next year. Here is an explanation of this change in student SNAP eligibility.

Impact on Immigration

Termination of Title 42: Title 42 expulsion policy is a Trump administration order issued in 2020, purportedly as a public health measure, that allowed border authorities to expel migrants without giving them the opportunity to seek asylum. Public health experts have long declared that Title 42 is not related to any health measure. Reports are that the rule has been used more than two million times to abruptly turn back immigrants since 2020.

Title 42 will expire with termination of the PHE, and the expulsions are set to end on May 11. However, NETWORK is deeply alarmed that, the new measures announced by the Biden administration to purportedly ease pressures at the border, comes at the expense of the right to seek asylum at our southern border and does not support a just and humanitarian immigration policy.

NETWORK is monitoring the critical impacts of these policies and protections that end with the termination of the PHE. We will share this information with you, along with any calls for action that they may require to safeguard the welfare of our neighbors in the U.S. and at the southern border.

Write a Public Comment to Oppose the Proposed Biden Administration Asylum Ban

Write a Public Comment to Oppose the Proposed Biden Asylum Ban

Write a Public Comment to Oppose the Proposed Biden Asylum Ban

THIS CAMPAIGN HAS ENDED.

The Biden Administration is taking comments on a proposed asylum ban. NETWORK justice-seekers recognize it as a new version of a harmful Trump-era anti-asylum seeker policy and are coming together to oppose the proposed asylum ban. Join us and write a Public Comment to oppose the proposed Biden asylum ban!

March 9-27

THIS CAMPAIGN HAS ENDED.

This campaign is to oppose a proposed Biden Administration asylum policy change that would violate our faithful call to welcome our neighbor and decades old U.S. immigration law. Write a Public Comment to oppose the proposed Biden Administration asylum ban to stand in solidarity with our siblings seeking safety from harm at the southern border.

  • Introduce yourself. Be sure to include your religious order, career title, or any involvement in your community, including a house of worship you may attend.
  • Choose a reasons or two why you oppose the policy.  Need some help? Scroll below for Talking Points, but don’t rely too much on them!
  • Highlight why you oppose the proposed ban Share any immigration support work you’ve done, share a moral tale, use examples of Jesus welcoming travelers or God sending people on safe passages.
  • If you have a story to share, share it! Asylum seekers have found safety in our communities, churches, workplaces, etc. Do you have a personal story, or will you share one that belongs to a friend or family member?

Here’s what to do after you’ve written your public comment:

  • Check for uniqueness. Before you press send, check to be sure that at least one-third (33%) of your public comment is original to you. Submissions that are copy and paste regurgitations of talking points will not be considered by reviewers.
  • Share your submission on social media:  After you submit your form, you will see a prompt to share your advocacy action on Twitter or Facebook. It’s important that our words spread, so please take the time to share on one your social media accounts.  #ImmigrationPublicComment or #NoAsylumBan or @NETWORKlobby. If you have any questions or concerns, please email us at [email protected].

More Talking Points

  • President Biden’s Administration has proposed a new asylum ban that is eerily similar to one that existed in the Trump era. It will close the southern border to asylum seekers and change asylum law and practice as we know it. During the Trump era, the court declared such a ban illegal. This ban will separate families, expose asylum seekers to violence at the border, and discriminate against black, brown and indigenous asylum seekers
  • Our neighbors seeking asylum are amongst the most vulnerable people in the world and we are called by faith, and our sense of the common good, to welcome them to safety. U.S. immigration law provides a legal process to apply for safety in our country. Sadly, President Biden’s revival of an asylum ban similar to President Trump’s is a moral failure that disregards decades of settled law.
  • NETWORK supporters will come together to show solidarity to migrants and oppose the Biden Administration asylum proposal by writing a Public Comment against the harmful policy.
  • While the administration has attempted to distinguish its asylum ban from Trump’s policies, it still has the same effect: denying asylum seekers the protection they need in the United States. The rule they are proposing would ban many refugees from asylum protection in the United States based on their manner of entry into the United States and transit through other countries.
  • This asylum ban, like Trump’s, will separate families and lead to the return of asylum seekers to harm and possible death. It will disproportionately harm Black, Brown, and Indigenous asylum seekers requesting safety at the U.S. southern border – who often cannot afford to arrive in the U.S. by plane.
  • Indigenous women and girls, many of whom will likely be barred by the rule, are at heightened risk for sex and human trafficking, extortion, and violence due to the continued erasure of their Indigenous identities, language exclusion, and ongoing discrimination they face throughout their journeys.
  • Our U.S. laws and treaties protect asylum seekers and prohibit their return to persecution and torture. Our laws also explicitly guard an asylum seeker’s right to seek protection regardless of how they arrive in the United States.
  • The rule would unlawfully deny protection to asylum seekers and require them to seek asylum in countries that do not have functional asylum systems and where they may still be in harm’s way.

Join the Campaign!

This campaign has ended.

Our Values Root Our Call to Welcome Our Siblings

Our communities are enriched by the diversity of experiences, cultures, and traditions that all of us, including people who are immigrants, bring to our neighborhoods. All of us want to provide our family with the food and shelter needed to live a thriving life. For too long, our immigrant siblings at the southern border have been harmed by a broken U.S. asylum system. Instead of enacting policy to build anew an equitable asylum process, the Biden Administration has chosen to make life dangerous and difficult for people seeking safety and freedom — especially Black, Brown, and indigenous people. People of faith must demand better.

More Details

The Administration is asking the public to share opinions on this rule and will consider our comments before issuing the final version. Please write a unique comment to tell them how this rule will harm asylum seekers.

The government is required to review and respond to comments in writing in the Federal Register. You can see in this proposed asylum ban that there are dozens of pages with anonymized summarizations and responses to public comments, including rules changes that were made in response to public comments. To make sure the government counts and considers your comment, please edit our pre-drafted text to make it unique – duplicate comments will otherwise be lumped together and responded to as one.

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2023 Immigration Policy Update

Ronnate Asirwatham, Government Relations Director
February 9, 2023

The 118th Congress has been sworn in and Speaker of the House Kevin McCarthy (CA-22), who presides over the House with a slim four-person majority, has completed his House Chair and Committee assignments. While there is a shift in power in Washington D.C., this immigration policy update will show that when it comes to immigration policy in 2023, things are much the same.

We all want to live in safe communities with our families and friends, and our faith compels us to help our neighbors when they are in distress. Recent activity and policy proposals from Congress and the Administration will lead to harm for our siblings fleeing violence in their communities (and hoping for a chance to thrive in the U.S.) as well as people without legal status. In this blog, I will look at immigration policy activity in Congress, the Administration, and give you next steps.  

Congress 
A Win for Immigration Activists and Just and Humane Policy 

This year, the House led off with a bill aimed at discouraging people from certain countries from seeking asylum in our country. Republican Congressman Chip Roy (TX-21) sponsored H.R.29, The Border Safety and Security Act as the first of ten pieces of legislation to go to the floor. H.R.29 would effectively seal the southern border to all asylum seekers.  

Due to the slim majority in the House, this bill, that is an affront to our sacred call to welcome the stranger, would have will most likely passed in the House, but Democratic control of the Senate made it highly unlikely that it would pass in that chamber. 

Immigration advocates knew that H.R.29 would set the stage for attacks on immigration – especially those thinly veiled with racism, like this one. Faith-based and secular immigration advocates aggressively lobbied against Roy’s bill. Several letters were sent to Congress noting that this bill would kill the right to seek asylum at our southern border and breach U.S. and international law, including letters signed by:   

  • 300 immigrant advocacy organizations (including NETWORK)   
  • Faith-based organizations (including NETWORK)
  • Bishop Mark Seitz, chairman of the U.S. Conference of Catholic Bishops’ Migration Committee, a ministry started 100 years ago, which got the attention of several members of the House Republican Caucus. 

Justice-seekers united to stand up to power guided by the knowledge that a fair asylum process can only be built on just and humane policies. A significant number of Republican legislators signaled that they would not support H.R.29, and realizing that there were not enough votes to pass the bill, House Leadership pulled the harmful legislation from the floor,  

This was a huge victory for people seeking asylum and activists who support their freedom to seek asylum under U.S. law. And for NETWORK advocates, and all concerned with the common good, this win is evidence that when we work together to protect vulnerable people seeking a better life, we can defeat harmful, racist policy proposals. 

Interestingly enough, after the failure to pass H.R.29, some House Republicans tempered their anti-immigration rhetoric. Even Rep. Chip Roy took a pause. In public remarks he said, “Nobody is against asylum.” Friends, we cannot rest on our laurels. This is a momentous but, temporary, victory.

H.R.29 is not dead, it has limped off to the House Homeland Security Committee, where amendments can be made. As part of the legislative process, if it passes out of committee, we can see it again (that is, it receives enough yes votes in the smaller group that it is passed along for a full chamber vote). And NETWORK, and our coalition partners, will be ready to act against it if it returns to harm our siblings in the borderlands. 

Impeachment Talk for Secretary Mayorkas 

The Republican-led House has vowed to impeach Department of Homeland Security (DHS) Secretary Alejandro Mayorkas. As a first step, the House Judiciary Committee held a hearing called “Biden’s Border Crisis – Part I” on February 1st and the House Oversight Committee also held a hearing the first week of February. The purpose of these hearings is to gather evidence to impeach Secretary Mayorkas.  

On the other side of the aisle, the Democrats are working to stop President Biden from enacting rules banning asylum and an expanded Title 42 policy. More on that below. 

The Administration

On January 5, President Biden announced four policies that affect persons seeking safety in our country: 

  1. A parole program for Cubans, Haitians, Nicaraguans and Venezuelans that sets up a series of ‘hoops to jump through’ for nationals from these countries – to find safety in our country’s borders. If they have a passport, can pay for their own ticket to the U.S., have not crossed into Panama or Mexico without papers, and fulfill eligibility criteria (including having a sponsor who can support them financially for two years), they may be granted a U.S. visa. It’s more of a lottery than a legitimate program, since the total number of visas granted across all nationalities is capped at 30,000 per month. 
  2. Expanded Title 42 expulsion policy to include Cubans, Haitians, Nicaraguans and Venezuelans.
  3. Increased use of a Customs and Border Protections app (called CBP One) for asylum seekers waiting at the border to get an appointment at the port of entry. This is for land border crossers only.  
  4. A proposed update to the asylum ban similar to a Trump-era policy. The new rule prevents people from presenting their case for asylum if they enter between ports of entry at the southern border, and if they do not seek asylum in a third country that they have crossed through, to reach the United States. When President Trump issued a similar rule, it was deemed illegal in court because under U.S. law, anyone can ask for asylum regardless of how they enter the country. They are not guaranteed asylum but are guaranteed a right to seek asylum. It is appalling that President Biden is seeking to re-instate this ban that destroys due process at our southern border. Congressional Democrats are in opposition and are trying to discourage President Biden from officially proposing the rule. 

NETWORK opposes these proposals.

The expansion of Title 42 expulsion policy keeps vulnerable people in dangerous conditions as they wait to plead their case for immigration status. And attaching Title 42 to narrow parole programs that favor immigrants with the most resources does not support fair American values, and it fails to protect those most in need.  

The CBP One app favors asylum seekers with a phone and a data connection. The majority of people fleeing their homes and communities don’t have the means for such a luxury. And the app is fundamentally racist. It has consistently not recognized the faces of Haitian and other Black migrants, because it does not allow them to take their photographs. Effectively, racism in the technology has meant that a majority of Black migrants do not get CBP appointments.  

What’s Happening in the Courts? 

On March 1, the Supreme Court will hear (and hopefully decide) if states have the right to intervene at this late stage in the Title 42 case that has been working its way through lower courts. If they rule yes – the case will continue if they rule no it will be the end of Title 42 in April.  

There also might have DACA ruling that might come down. Read JoAnn’s blog for the present state of DACA in the courts (as of February 3, 2023) DACA is Under Immediate Threat from my NETWORK colleague, JoAnn Goedert. 

What’s Next for NETWORK? 

The Government Relations team is focused on the Biden proposals mentioned above, and I spend considerable time tracking committee action, keeping an eye out for bills in the making. This work to defend our freedom and justice is not ours alone. We are in coalition with secular and religious groups, and we follow the lead of Pope Francis. 

“Through his deeds and messages, the pope has placed the issue of migration—and the human rights of persons forced to migrate—at the center of his papacy.” America Magazine 

And, of course, NETWORK will call upon you for your advocacy to help us stop harmful bills and polices that violate the dignity of people seeking a life where they can work to pay their bills and raise their children in peace. We will also ask for your help to promote policies restore the right to seek asylum at the border.  

Biden Administration Restored Pre-Trump Era Public Charge Regulations

Major Developments in the Temporary Protected Status (TPS) Program — December 2022

Major Developments in the Temporary Protected Status (TPS) Program -- December 2022

JoAnn Goedert, Government Relations Special Contributor
December 13, 2022
Major Developments in the Temporary Protected Status (TPS) Program

For immigrants from countries beset by violence, natural disasters and other turmoil, TPS provides protection from deportation and other benefits–at least temporarily. The Department of Homeland Security (DHS) estimates that over 504,170 immigrants from 15 countries have or are eligible for TPS in the U.S. The program has been much in the news lately and, in recent weeks, the news has been good.

What is Temporary Protected Status? 

DHS grants TPS to immigrants in the U.S. from countries that it identifies as unsafe due to political unrest, natural disasters, and other hazardous conditions. Immigrants with TPS can remain in the U.S. temporarily without fear of deportation and can work and travel regardless of their immigration status, even if they were otherwise here without lawful authorization.  Typically, DHS grants TPS for 18-month periods that are often extended, and it applies it to immigrants already in the U.S. at the time of their home country’s TPS designation. TPS is not a direct path to permanent residency or citizenship, but it temporarily provides solid protection from deportation and a means of employment for hundreds of thousands of TPS recipients.

TPS Re-Designation for Haiti

On December 5, DHS announced the TPS re-designation of Haiti, a country struggling with government upheaval, widespread gang violence, the aftermath of hurricanes and earthquakes and, now, a cholera outbreak. The TPS status of approximately 100,000 Haitian immigrants who arrived in the U.S. in recent years was scheduled to expire on February 3, 2022 unless the Biden Administration took action. With the new re-designation, Haitian nationals who arrived in the U.S. by November 6, 2022 will be eligible for TPS through August 3, 2024.

The Biden Administration’s TPS Expansion

The Biden Administration’s expansion of the use of TPS was especially welcome, and a departure from Trump Administration efforts to dismantle the program (which were impeded by court action). The Biden Administration tried to legislate permanent protections for TPS recipients, but that failed when Republican Senators refused to consider immigration reform.

The Biden Administration has extended prior TPS protections for immigrants from South Sudan, Sudan, and Syria. It also added eight new countries—and more than 175,000 newly eligible immigrants–to the TPS list, including Venezuela, Myanmar, Somalia, and Yemen in 2021, and Afghanistan, Cameroon, Ukraine, and Ethiopia earlier in 2022.

A Crisis Averted

On October 25, a threat to long-standing protections for TPS holders from El Salvador, Honduras, Nicaragua, and Nepal abruptly surfaced, resulting from the revival of a 2018 court challenge to Trump Administration efforts to dismantle TPS. While immigration advocates initially succeeded in federal district court, the Ninth Circuit Court of Appeals overturned that decision and held that Trump’s actions were lawful. When the Biden Administration took over in 2021, the parties entered into many months of settlement negotiations that stayed further court action. But those talks broke down in late October with no settlement, leaving the future of nearly 370,000 immigrants whose TPS was scheduled to terminate on December 31, 2022 at serious risk.

On November 11, that crisis was averted when DHS announced an 18-month extension—to June 31, 2024 for existing TPS recipients from El Salvador, Honduras, Nicaragua, and Nepal who were subject to the December 31 deadline. This extension was an act of simple humanity, especially since most of the individuals caught up in the court case have been in the United States for decades. NETWORK joined with the TPS-DED Administrative Advocacy Coalition, a coalition of over 100 representatives of faith-based and secular organizations, in urging the Administration to take quick action to announce a prompt TPS extension.  (https://static1.squarespace.com/static/60b79f3630f94f1039bd0125/t/635a9dde506660168de54139/1666883038701/2022-10-27+Press+Release+re+Ramos+Settlement.pdf).  To the great relief of the faith community and all people of good will, that call was answered.

The Future of TPS

At this time, more than 500,000 immigrants in the U.S. are secure in their TPS protection, but TPS remains only a temporary benefit, and any future extensions or expansions of the program will be decided by whoever is in the White House. NETWORK will monitor future developments in the TPS program and continue to advocate for TPS holders and all of our immigrant neighbors.

Advent 2022: Better Neighbors Welcome Their Neighbor

NETWORK Lobby offers Advent reflections

Advent 2022: Better Neighbors Welcome Their Neighbor

Sr. Eilis McCulloh, HM
December 12, 2022

Reflection:

The story is familiar. Mary and Joseph. No room at the inn. Giving birth in a barn. As Christians, spend this season commemorating their flight to Egypt where Mary gives birth to the Messiah.

Today, a “flight into the desert” evokes something different. We see and hear about families who must make the decision to leave everything they have and know in order to escape violence, crushing poverty, and other threats to their very existence. They courageously decide to make the perilous journey north. Their journey takes them north to the United States Southern Border where, instead of being welcomed with gifts of gold, frankincense, and myrrh, they are questioned by border police, detained in freezing detention centers, and bussed (against their will) to northern cities as punishment.

But, aren’t migrants today’s version of the Holy Family? Both flee with the hope of safety and an opportunity for their children to flourish. Instead, the United States, the richest country in their world, punishes migrants at every turn by invoking punitive immigrantion polices and refusing to act on legislation that could transform the lives of our immigrant neighbors living in the United States.

Yes, Advent is a time of waiting, but it is also a time of welcoming and a time of change. In 2013, Pope Francis said, “Migrants and refugees are. Or pawns on the chessboard of humanity.” Our immigrant neighbors have waited far too long and have been used as scapegoats in political play. Now is the time to create a pathway to citizenship to the more than 689,000 individuals who have DACA.

¡Que Viva la Virgen de Guadalupe!
Nuestra Señora de Guadalupe, ruega por nosotros.
Our Lady of Guadalupe, Patroness of the Americas, pray for us.

Call to Action:

It is beyond time for just and humane immigration reform that creates a path to citizenship through federal legislation. Join NETWORK Lobby in calling for Congress to act NOW!

Denying undocumented communities a pathway to citizenship holds us back from having a thriving society where everyone is valued. There is no doubt the contributions of immigrant youth, farmworkers, DACA and TPS holders are essential for our communities and our country.

Tell Congress to act now to pass a pathway to citizenship!

On Immigration, Be Angry For the Right Reasons

Sadly, U.S. Immigration Policy Has No Shortage of Outrages

Ronnate Asirwatham
September 15, 2022

Tune in any news outlet with a right-wing editorial slant, and it won’t be long before you encounter stories, narratives being pushed, of activities at the U.S.-Mexico border intended to frighten or enrage you, the viewer. This could be how drug seizures are depicted as if the government is somehow not doing its job, or it could be the dehumanizing portrayal of men and women seeking asylum in this country as some kind of threat to the safety of people living in the United States.

The racism, xenophobia, and fear-mongering wrapped up in these narratives are a gross misuse of the responsibilities held by the media. Their job is to inform, not to poison people’s minds with distortions and misinformation. But what’s also really tragic here is that, when it comes to immigration and issues at the border, there are plenty of issues that are worthy of our rage! But that rage is misplaced time and again, as a result of campaigns based on fear, not compassion.

The real issues worth being mad about are the result of a very deep hole the U.S. has dug in recent decades through both inaction on immigration policy and direct action, most notably by the previous presidential administration, to make life somehow even more hellish for some of the most marginalized people in the world — those who’ve fled their homes and countries in hopes of finding peace and security in a new land.

An especially egregious example of this was the previous administration’s March 2020 move to invoke Title 42 of the U.S. Code to prohibit entry of asylum seekers, using the possible spread of COVID-19 as the excuse. This order has been misused for over two years to illegally block migrants at the border, even though public health experts repeatedly declared the order has no true medical basis or justification. Title 42 has resulted in over 1.6 million expulsions of asylum seekers back to harm and over 10,000 incidents of kidnapping, torture, rape, and other violent attacks against migrant people.

No court in the United States has yet said the policy itself is legal, as legal challenges so far have only upheld it from the standpoint of administrative practice and capacity. The Immigration and Nationality Act says that seeking asylum is legal no matter how you cross the border.

As Joan F. Neal, NETWORK’s deputy executive director and chief equity officer, has noted: “Seeking asylum is a fundamental human right. The continuation of unjust, immoral Title 42 expulsions dishonors the God-given dignity of migrants and violates the internationally-recognized right to seek asylum. We must restore asylum at our southern border.

Delays by the current administration in rescinding this policy prompted more than 80 Catholic Sisters from across the U.S. to come to Washington last December. Carrying signs and praying, they marched past the White House, demanding an end to this racist policy. When President Biden finally moved to rescind Title 42 expulsions this spring, a federal judge issued an injunction blocking the administration’s action.

The inability to rise above our dysfunctional immigration policies is also worth people’s anger. Administration after administration, Congress after Congress, has failed to pass meaningful immigration reform, despite the fact that they have the power to bring millions out of the shadows and into the recognition of their dignity as citizens. Bishops and popes have called for these very policies — whether some version of the DREAM Act for people who entered the U.S. as children or comprehensive reform that provides a path to full inclusion and participation in society for everyone. Rather than recognizing the power they have to affect transformation of so many people’s lives, our leaders have squandered this opportunity, instead allowing our politics and society to indulge the lies of racism and white supremacy.

Christians should allow their hearts to be broken open by the plights of the people who think that, for all its flaws, the U.S. is still somewhere they want to make a home. We could build something beautiful, an inclusive future for our immigrant neighbors in this country, in which everyone’s contributions are valued and rewarded — if we just let the right things make us angry.

Biden Administration Restored Pre-Trump Era Public Charge Regulations

The Biden Administration Restored Pre-Trump Era Public Charge Regulations (And Makes an Improvement)

Biden Administration Restored Pre-Trump Era Public Charge Regulations

Ronnate Asirwatham, NETWORK’s Government Relations Director,
September 14, 2022

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:

Sign-on to Help Protect Asylum Seekers

Encourage Senators Booker and Menendez to Continue Advocating for Asylum Seekers!

Dear Senator Booker and Senator Menendez,

Thank you for supporting a just and humane immigration system. We, people of faith living in New Jersey, support your efforts to ensure the Senate and the Biden administration restore the asylum process.

Your work to protect asylum is important to us because as people of faith, we value the inherent human dignity of each person and recognize their right to seek asylum.

The upcoming congressional work period will be pivotal for immigration. As Congress creates next year’s federal budget, we urge you to continue working to ensure that Congressional leadership does not allow the continuation of Title 42 expulsions to be codified into law. We also ask that you urge your colleagues working on bipartisan immigration reform to support policies that are just and refuse to divide up or preference immigrant communities.

Thank you for your commitment to advancing the common good. Together, we can build a nation that lives up to our values.

In Solidarity,

New Jersey Residents – Add Your Name

Hundreds of Miles of Wall and Two Years of Title 42 Later: Are We Any Better Off?

Hundreds of Miles of Wall and Two Years of Title 42 Later: Are We Any Better Off?

Julia Morris
May 9, 2022

“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!