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

2. 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

3. 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

4. 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

5. CAMPAIGNS

6. 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

7. 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: 

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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:

14. 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

15. 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.

16. 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)

17. 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

18. 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

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