Critical Issues in Immigration Advocacy Claudia Calhoon, MPH Director of Health Policy Sunday, August 5, 2018

NYIC at a Glance NYIC ADVOCACY POLICY IMMIGRANT SUPPORT SERVICES The New York Immigration Coalition (NYIC) is an umbrella policy and advocacy organization for over 210 groups in New York State. Founded in 1987, the NYIC has a 30-year history of coordinating collaborative efforts with our member groups and key allies to reach target populations and respond to issues. ADVOCACY Federal State Local POLICY Civic Education Health Immigration Legal IMMIGRANT SUPPORT SERVICES Legal Training Service Coordination MEMBERSHIP & CAPACITY BUILDING Member Engagement Leadership & Capacity Building

Pressing issues affecting immigrants in NYS Immigration Policy Changes 2020 Census and New York Counts 2020 campaign Trauma and toxic stress Access to Drivers’ Licenses and Greenlight New York Driving Together Coverage 4 All Changes to Public Charge rule

Immigration Policy Changes Trump administration has put in motion significant changes to immigration : Increasing immigration enforcement in the interior of the country through broader enforcement priorities Zero-tolerance policy that calls for blanket criminal prosecution of all adults who enter country illegally Requests for appropriations to support southern border wall Eliminating Temporary Protective Status for 6 countries Reduced refugee admissions Mandating interviews for all visa applicants Increasing scrutiny applied to temporary visa applicants Narrowing eligibility for asylum Hearing reports of increased emotional distress from members

CAMPAIGNS

New York Counts 2020 In March 2018, Secretary of Commerce Wilbur Ross announced that he directed Census Bureau to add citizenship question to 2020 Census Adding question to census form that goes to all households will discourage participation and threaten accuracy of count Census Bureau warned the political leadership at the Commerce Department that inclusion of citizenship question would depress census response rates, increase costs, and diminish quality of census data Undercount could impact: How much federal, state, and local money a district receives for health care, hospitals, education, housing, transportation, senior services Number of congressional representatives Federal, state, and local redistricting

New York Counts 2020 Undercount could impact (con.): Which voting jurisdictions are required to provide bilingual voting information NYIC helped lead launch of New York Counts 2020 to ensure that New Yorkers across the state fully maximize participation in the 2020 Census Opportunity to submit public comments to Secretary Ross until 11:59 pm on August 7th to submit a public comment, please follow this link: http://bit.ly/CensusCounts

Green Light NY: Driving Together Expanding licenses would be an economic boom to the State yielding an estimated $57 million in combined annual revenue, and $26 million in one-time revenue through taxes and fees Expanding licenses would make New Yorkers safer because all drivers can be properly licensed, informed of traffic laws, and operate a registered, inspected and insured vehicle ​Expanding licenses would further integrate immigrant New Yorkers by addressing fears of immigrant communities and preventing a simple traffic infraction from resulting in arrest and tragic deportation

Green Light NY: Driving Together New York can be REAL ID compliant and provide licenses to all New Yorkers. Many States have successfully implemented this system​, including Vermont, Connecticut, and Washington, DC New York State should restore equal access to driver’s licenses by passing legislation to expand access to the “Standard License” Green Light NY recently organized a statewide call-in day on July 31 where hundreds of people from across the state called the governors office asking him to issue an executive order to provide driver licenses for all New Yorkers

Changes to Public Charge Within immigration law, a public charge determination is based on if someone is, or is likely to become, primarily dependent on the government for basic subsistence A public charge assessment is made when a person applies to enter the U.S. or applies to adjust status to become a lawful permanent resident (LPR), NOT when applying to become a U.S. citizen Deportation based on public charge is rare Only two types of benefits are currently considered in public charge determination: Cash assistance (TANF, SSI for 50+% of income) Institutionalization for long-term care

Timeline for Public Charge Changes Feb. 2017: Leaked executive order in Feb. 2017 Dec. 2017: Announcement in Unified Agenda Feb. 2018: Leaked draft rule March 28, 2018: Updated leaked draft rule March 29, 2018: Rule sent from Department of Homeland Security to Office of Management and Budget

What’s in the March 28 leaked draft rule Major expansion of programs, services and benefits subject to public charge determination (listed on next slide) Major expansion of when the public charge test can be applied, from primarily at adjustment of status (green card application) to any extension or change in a non-immigrant status Possible expansion of deportability on public charge grounds From “primarily dependent” to “likely at any time to use or receive one or more public benefits” Explicit inclusion of dependents’ use of benefits No “look-back” to benefits not currently covered (no retroactive penalty) NOTE: The rule has not yet been formally proposed; we do not know specifically what benefits and services may be included or excluded from an eventual proposed rule

Programs that could be targeted, based on draft rule: Non-cash TANF benefits (child care, transportation, pregnancy prevention, after school programs) Health programs like Medicaid, CHIP and marketplace subsidies/tax credits Nutrition programs like SNAP and WIC   Homeless shelters and housing assistance Energy assistance (LIHEAP) Transportation services Earned Income Tax Credit Programs that could be targeted, based on draft rule:

Next Steps for Public Charge Advocacy Educate staff of other CBOs/partner organizations about existing public charge rules and discuss potential for harmful changes Sign up for Protecting Immigrant Families (PIF) campaign listserv Educate and advise immigrant families Alert NYIC about media coverage you see, particularly media in languages other than English Before the Proposed Rule is Published Join efforts to submit public comments: organizational and individual Educate and advise immigrant families PIF campaign and NYIC will share information for immigrant families and talking points for the public, draft arguments, and story gathering templates After the Proposed Rule is Published

Messaging to Immigrant Families Many families are NOT subject to public charge (this CANNOT be changed through the regulatory process) Refugees, asylees, survivors of crime and other humanitarian immigrants LPRs seeking citizenship Ask: Does the family have a future path to lawful permanent residence? The rules for immigrants who apply for a green card in the U.S. (who are not processed abroad) have not changed as of today.  Receipt of non-cash public benefits for which you are eligible currently are not considered when you seek a green card in the U.S. For individuals currently receiving public assistance, there may be no advantage to terminating benefits at this time.

Public Charge Resources Protecting Immigrant Families resource page here Public Charge: A New Threat to Immigrant Families Fact Sheet (in English) and (in Spanish) Research on prospective impact Kaiser Family Foundation Report on Potential Effects of Public Charge Changes on Health Coverage for Children New York State Office of New Americans (for public charge consultations and referrals to legal services) 1-800-566-7636 https://www.newamericans.ny.gov/hotline/hotline.html

Coverage 4 All A campaign to expand coverage to all New Yorkers Coalition of community members, community organizations, health care providers, legal service providers, and labor, immigrant, and health care consumer advocates Objective is to create a statewide health insurance product for New Yorkers who are excluded from eligibility for coverage because of their immigration status A campaign of Health Care for All New York (HCFANY), Coverage 4 All is led by Make the Road New York and the New York Immigration Coalition

Coverage 4 All Policy Objectives Affirm continuing Medicaid eligibility for DACA recipients with expired DACA/EADs  Protect coverage for TPS holders A9594-A/S7569-A Expand coverage to currently uninsured Child Health Plus through age 29 State-financed options for EVERYONE regardless of immigration status; eliminate status-based restrictions on health insurance eligibility New York Health Act

Claudia Calhoon, ccalhoon@nyic.org 212-627-2227 ext. 249 THANK YOU!