PUBLIC CHARGE UPDATE (02/04/2020)
Protecting Immigrant Families-Illinois (PIF-IL) has provided an update on the public charge litigation.
On January 30th, USCIS announced that the agency will apply the new public charge inadmissibility rule to applications and petitions submitted on or after February 24, 2020 (except for in the State of Illinois). Illinois still has a statewide injunction in place that prohibits the rule from being implemented within the state, but due to continuing litigation this could change in the near future.
Individuals residing in Illinois who are seeking an adjustment of status (green card) or renewal of certain temporary visas as of February 24, 2020 should be protected by the Illinois injunction. The government is now seeking to end the Illinois injunction so that the public charge rule applies nationwide, including in Illinois. The plaintiffs are opposing the government’s request. We will update the coalition as soon as the 7th Circuit issues an opinion.
Given these recent developments, we have decided to start a weekly update call to provide current information and answer questions. Our first call will be next Thursday, February 13, 2020 at 10:00am. Please use the following information to dial in:
Number: +1 712-832-8330
Participant Code: 576 491
PIF-IL has released an updated fact sheet in English and will be releasing fact sheets in Chinese, Polish, Spanish, Korean, Urdu and Arabic soon. Please share with all interested parties!
PIF-IL has launched its website: www.protectingimmigrantfamiliesillinois.org. You can access Illinois specific and PIF national resources, and the latest information on public charge.
Following the lead of PIF-National, we would like to capture the detrimental chilling effect that this rule is having on our communities. If you have information or narratives of how your participants or community members are being affected by this rule, we ask that you please share with email@example.com so that we can document and report the significant damage our communities are facing.
The revised public charge rule targets individuals seeking lawful permanent status and certain temporary visas in the U.S. whose families depend on specific public-assistance benefits such as SNAP, particular Medicaid programs, certain federal housing and rental assistance programs, and cash assistance.
USCIS announced February 24, 2020 as the agency’s effective date for the final charge rule.
The final rule will only apply to applications and petitions submitted on or after February 24, 2020 (except for in the State of Illinois where it is not yet applicable).
DHS will not consider an immigrant’s receipt of the newly listed benefits before Feb. 24, 2020 in the public charge determination.
Individuals residing in Illinois who are seeking an adjustment of status (green card) or renewal of certain temporary visas as of February 24, 2020 should be protected by the Illinois injunction.
Please contact us if you would like a free in-person training or webinar on the public charge rule.
On January 27, 2020, the U.S. Supreme Court has lifted the final nationwide injunction that had been blocking the public charge inadmissibility rule from being implemented nationwide.
The Illinois injunction is still in place for the moment; this injunction blocks the public charge rule from going into effect in Illinois only. We expect the federal government to file a motion ASAP with the Seventh Circuit Court of Appeals asking that the Illinois injunction also be lifted. That means that the Illinois injunction could be lifted soon after the federal government makes that request.
We do not know the new effective date for the public charge inadmissibility rule. As soon as we have more information we will email it to you. We do know that the effective date cannot be retroactive to (or in effect since) October 15, 2019; there will need to be a new effective date for the rule. Benefits used prior to the new effective date of the rule cannot be counted in the public charge inadmissibility determination.
PIF-IL provides free trainings and webinars providing an overview of the final public charge inadmissibility rule. Please email firstname.lastname@example.org to request a training or webinar. Community members with public charge questions can get their questions answered through the Immigrant Family Resource Program: https://www.icirr.org/ifrp.
Staff members of organizations working with immigrants can also ask public charge questions on HelpHub--a free on-line technical assistance portal. Please see this website to become a registered HelpHub user; it is free.
If someone you know needs immigration related services or is facing deportation, have them call the Family Support Hotline at 1-855-435-7693.
Updated fact sheets are coming soon. Here is a statement from NILC and CLASP with more information.
Thanks for your interest and attention!
Protecting Immigrant Families-Illinois (PIF-IL)