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“Public Charge” Rule Changes Harm Colorado Families

November 13, 2018
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The Trump Administration is seeking to change a regulation that would harm immigrant communities across the nation and would impact Coloradans and our economy.

Under federal immigration law, the term “public charge” is used to describe a person who is dependent on government funded long-term care (e.g. nursing home care) or cash assistance for the majority of their support. If it is determined that an individual is likely to become a “public charge,” their application to enter the U.S. or become a lawful permanent resident may be denied. On October 10th, the Trump administration published a rule broadening the definition of public charge to cover use of a wide range of programs that help families achieve and maintain economic security.

The proposed rule changes will harm Colorado communities, threaten our economy, and make it harder for families to make ends meet.

Under current law, the “public charge” test applies only when an individual is seeking to immigrate to the United States or get their “green card.” The test considers many factors including age, health, and family status, but no single factor is determinative. However, the proposed rule changes will allow the federal government to consider participation in a broader range of public programs, including Medicaid, food stamps (SNAP), housing supports, and subsidies for Medicare Part D that reduce the cost of prescription drugs.

The rule would also make a specific income threshold a central issue in immigration decisions for the first time in American history. Having an income under $15,000 for a single person or $31,000 for a family of four (equal to income below 125% of the federal poverty level) would be weighed negatively and could lead to a denial. Indeed, the rule proposes to weigh a range of factors negatively. The only factor weighed as “heavily positive” is if an applicant has an income or resources of over $30,000 for a single person or $63,000 for a family of four (equal to income above 250% of the federal poverty level). By way of comparison, the median household income in the United States is $60,000.

The Colorado Fiscal Institute, in collaboration with the Center on Budget and Policy Priorities and the New York Fiscal Policy Institute, recently conducted an economic analysis to model the impact of two of the biggest supports the Trump Rule would affect: SNAP and Medicaid. Key findings from the analysis show that more than 300,000 Coloradans, including 143,000 children, are at risk of being impacted by the proposed rule changes. Additionally, the state could lose upwards of $298 million due to the economic ripple effects of lost funding and reduced spending and experience a loss of more than 2,000 jobs.

The proposed changes to the “Public Charge” rule are unnecessary, will create administrative burdens, harm families and children—immigrant and U.S.-born alike—and hurt Colorado’s economy. Advocates, service providers, community members, and immigrant families have until December 10th at 9:59 p.m. Colorado time to submit comments. Take action now. Share your story. For more information and instructions on how to submit a comment, visit the national Protecting Immigrant Families campaign website.

Click here to read the full brief. To view the fact sheets that examine the economic and community impacts of the proposed rule changes on health click here and SNAP click here.