Bill Text: NJ AR50 | 2020-2021 | Regular Session | Introduced


Bill Title: Condemns US Department of Homeland Security proposed rule amending public charge policies and expanding list of public benefits considered in public charge inadmissibility determinations.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Homeland Security and State Preparedness Committee [AR50 Detail]

Download: New_Jersey-2020-AR50-Introduced.html

ASSEMBLY RESOLUTION No. 50

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Assemblyman  PEDRO MEJIA

District 32 (Bergen and Hudson)

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblywoman  YVONNE LOPEZ

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Condemns US Department of Homeland Security proposed rule amending public charge policies and expanding list of public benefits considered in public charge inadmissibility determinations.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Assembly Resolution condemning the United States Department of Homeland Security proposed rule amending public charge policies.

 

Whereas, On October 10, 2018, the United States Department of Homeland Security (DHS) published a proposed rule that would redefine the term "public charge" and limit entry into the United States as well as access to legal permanent residency cards, commonly known as green cards, and other visas for immigrants who use public services that support low-income households; and

Whereas, Currently, public charge means a person likely to become primarily dependent on the government for subsistence, as demonstrated by either institutionalization for long-term care at government expense or by the receipt of public cash assistance through Temporary Assistance for Needy Families, Supplemental Security Income, or state or local general assistance programs; and

Whereas, Generally, an individual deemed "likely at any time to become a public charge" is ineligible for a green card or visa, or to gain entry into the United States; and

Whereas, The proposal would expand the list of public benefits considered in making a  public charge determination to include the Supplemental Nutrition Assistance Program, non-emergency Medicaid, subsidies for Medicare Part D prescription drug coverage, and several housing and rental assistance programs; and

Whereas, The proposal would establish certain thresholds for use of public benefits to determine if an individual is a public charge and would allow the federal government to consider current or recent receipt of public benefits as a negative factor that would increase the likelihood of deeming an individual a public charge; and

Whereas, If finalized, the proposed rule would primarily affect lawfully present immigrants pursuing legal permanent residency as well as individuals seeking to immigrate to the United States, most of whom are immediate relatives of United States citizens; and

Whereas, The DHS estimates the rule would affect over 382,000 individuals each year; and

Whereas, The proposal would lead many immigrants to forego benefits they are entitled to, for fear of adverse immigration consequences, thus restricting access to programs they and their families rely on for health care, food, and other essential needs; and

Whereas, The rule would have widespread public health and economic repercussions such as increased numbers of uninsured individuals, worse health outcomes, increased rates of poverty and housing instability, and greater financial insecurity amongst an already needy population; now, therefore,

 

     Be It Resolved by the General Assembly of the State of New Jersey:

     1.    This House condemns the United States Department of Homeland Security proposal to change long-standing public charge policies that would expand the list of public benefits considered in making a public charge inadmissibility determination and thus limit an individual's access to obtain a green card or visa, or to gain entry to the United States.

 

     2.    Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Secretary of the United States Department of Homeland Security.

 

STATEMENT

 

     This resolution condemns the United States Department of Homeland Security proposal that would make changes to public charge policies.

     As currently defined, a public charge is a person likely to become primarily dependent on government public benefits for subsistence. Generally, an individual deemed "likely at any time to become a public charge" is ineligible for a green card or visa, or to gain entry into the United States. Public benefits that immigration officials can currently consider in order to determine if an individual is a public charge include institutionalization for long-term care at government expense or public cash assistance through Temporary Assistance for Needy Families, Supplemental Security Income, or state or local general assistance programs.

     The proposed rule would expand the list of public benefits considered in making a public charge inadmissibility determination to include the Supplemental Nutrition Assistance Program, non-emergency Medicaid, subsidies for Medicare Part D prescription drug coverage, and several housing and rental assistance programs. The proposal would establish certain thresholds for use of public benefits to determine an individual to be a public charge and would allow the federal government to consider current or recent receipt of public benefits as a negative factor that would increase the likelihood of deeming an individual a public charge.

     If finalized, the proposed rule would limit entry into the United States and hinder access to green cards for legal permanent residency and other visas for immigrants who use public services that support low-income households. As a result of the proposed rule, many immigrants would likely forego benefits they are eligible for and entitled to, for fear of adverse immigration consequences. This action would restrict access to critical programs that immigrants and their families rely on for health care, food, and other essential needs. The rule would have further widespread public health and economic repercussions such as increased numbers of uninsured individuals, worse health outcomes, increased rates of poverty and housing instability, and greater financial insecurity amongst an already needy population.

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