FEDERAL PUBLIC CHARGE

UPDATE AS OF March 13, 2020: USCIS announced that COVID-19 testing, prevention, or treatment would NOT be used against immigrants in a public charge test. This means that immigrant families should seek the care they need during this difficult time.

UPDATE AS OF January 31, 2020: The U.S. Supreme Court allowed the Department of Homeland Security (DHS) public charge rule to take effect, and this will be enforced starting February 24, 2020. DHS will NOT consider benefits received prior to February 24, 2020 in the public charge determination.

The public charge rule is legally a ground of “inadmissibility.” Immigrants who apply for a visa or green card to enter the U.S. must pass a “public charge” test, and this test can consider whether a person has used certain public programs. There are a few important things to know (Source: CHA Immigration Resources):

  1. Many immigrants are not impacted at all by this rule:

    • Refugees, asylees, and other humanitarian immigrants are not affected.

    • Green card holders are not affected (unless they leave the US for over 180 days and seek to reenter).

  2. Many public programs are not considered in the public charge test:

    • The following health care programs are NOT counted in the public charge test: MassHealth for children under age 21 and pregnant women, Health Safety Net, MassHealth Limited, Connector Care, Children's Medical Security Plan, veteran's health coverage, Medicare, and some other Massachusetts health care programs. 

    • Many other programs are NOT included in public charge: WIC, school lunches, food banks, shelters, child care assistance, and many more.  

Public Charge Resources

If you have questions about the rule or to organize a training at your institution, email the Massachusetts Protecting Immigrant Families Campaign:

MASSACHUSETTS LEGISLATIVE ADVOCACY

Policy changes deeply affect the health of immigrants, as fear of immigration enforcement leads to negative health outcomes and prevents people from accessing necessary health and social services.

§  Safe Communities Act (S.1401/H.3573) to stop local police from collaborating with ICE

§  An Act to Ensure Equitable Coverage for Children (H.162/S.677) to ensure all kids get health coverage, regardless of status; also known as Cover All Kids

§  An Act Relative to Caregiver Authorization Affidavits (H.3445) to update existing law to give parents a straightforward way to designate who will care for their children when they are temporarily absent from home or otherwise unavailable

§  Work and Mobility Act (S.2061/H.3012) legislation to ensure all qualified MA residents can obtain a driver’s license, regardless of immigration status

§  An Act to increase health access in underserved areas of Massachusetts (H.1952/S.1912) would establish a commission to reduce barriers for immigrant and refugee medical professionals

§  Dream & Promise Act (HR 6) Provides permanent legal protections and a path to citizenship for Dreamers and recipients of Temporary Protected Status and Deferred Enforced Departure

SAFE COMMUNITIES ACT

HLISN is part of the Safe Communities Act Coalition. Below are photos from the Safe Communities Act hearing at the Massachusetts Statehouse in January 2020.

COVER ALL KIDS ACT

This bill closes the gaps in coverage and ensures that all children in Massachusetts can access healthcare services, regardless of immigration status.

Do the immigrant children you serve face barriers to accessing healthcare due to inadequate health insurance coverage? If so, please contact Noemi Uribe at Health Care For All (nuribe@hcfama.org or 617-275-2897) to share a de-identified story.

Cover All Kids Fact Sheet (English) (Spanish) (Portuguese)

PROVIDING STABILITY FOR CHILDREN IN TIMES OF CHANGE: AN ACT RELATIVE TO CAREGIVER AUTHORIZATION AFFIDAVITS

Current Gaps and Limitations

Many local health centers and community organizations have encouraged immigrants to complete temporary Caregiver Affidavits (G.L.c. 201F, §§1- 6) so that families have a plan in place for who can legally manage healthcare and educational matters for their children if the parents are unexpectedly detained or deported.

“But while the concept of the caregiver affidavit is valuable, its usefulness is limited under existing law. Currently, a caregiver affidavit goes into effect as soon as it is signed and expires after two years, and the authority given is limited to healthcare and educational decisions. The law also appears to require that the appointed person already be residing in the home with the child. That approach is helpful for planned absences in situations in which the child already has a live-in caregiver such as a nanny, but it does not provide coverage when a parent’s absence is unplanned — like for emergency treatment to address substance use or mental health problems, or for arrest, incarceration, detention, or deportation.”

Source: Massachusetts Lawyers Weekly

Legislative Solution

This bill updates and modernizes existing law to give families a straightforward way to designate who will care for their children when they are temporarily absent from the home or otherwise unavailable. H.3445 would make the existing statute more flexible and more comprehensive. It clarifies the authority of caregivers to deal with daycare providers, enroll children in sports and other after school activities, etc. It also allows families to prepare affidavits which will "spring" into effect, just as a springing power of attorney would, if the parent is called into active military service, hospitalized, incarcerated, detained, deported, or otherwise required to be absent from home and children for some period of time.