FOR IMMEDIATE RELEASE
September 16, 2022
CONTACT
Alex Rossman
arossman@mlpp.org
CELL: 517-775-9053
Michigan advocates hail Biden regulation as major win for immigrant families
LANSING—A new “public charge” regulation finalized last week by the U.S. Department of Homeland Security (DHS) adds critical protections to secure immigrant families’ access to the health and social services safety net. The final regulation received praise from immigrants and advocates around the state and country, as it largely restores and improves upon the public charge policy in place for 20 years prior to Trump administration changes and is the last piece in undoing the severe change that went into effect in 2020.
“The final Biden administration public charge regulation is a major win for immigrant families in Michigan and across the country,” said Karen Holcomb-Merrill, acting President & CEO for the Michigan League for Public Policy. “The new rule clarifies what is and is not considered in a public charge determination, providing assurances that eligible immigrant families can use healthcare, nutrition and housing programs without public charge concerns. We also know there are solid grounds for a court to uphold the rule if it is challenged in future litigation.”
The new rule also makes improvements sought by the Protecting Immigrant Families Michigan campaign (PIF Michigan), which consists of the African Bureau of Immigration & Social Affairs (ABISA), the Arab Community Center for Economic and Social Services (ACCESS), the Detroit Hispanic Development Corporation (DHDC), the Michigan Immigrant Rights Center (MIRC), Voces, and the Michigan League for Public Policy. PIF Michigan was part of the more than 1,000 other organizations coordinated by the national Protecting Immigrant Families coalition (PIF).
Based on a PIF coalition analysis, selected provisions of the final regulation clarify that:
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A child’s or other family member’s use of federal safety net programs never affects the applicant’s immigration application.
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Supplemental Nutrition Assistance Program (SNAP), Women, Infants, and Children (WIC), the Child Tax Credit, Section 8, and other “non-cash” federal programs (and state- and locally-funded versions of those programs) never affect immigration applications.
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DHS will not consider use of healthcare programs (like Medicaid, Children’s Health Insurance Program [CHIP] and the marketplace) by eligible immigrants and their family members.
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DHS can consider long-term institutional care paid for by Medicaid (short-term rehabilitation or community-based services will not be considered), and cash assistance for income maintenance such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and state, local and tribal cash assistance. However, DHS must consider other factors such as education, income, and an affidavit of support. Therefore, the applicant’s use of long-term institutional care or cash assistance will not automatically result in a determination that the applicant is likely to become a public charge.
The Trump-era public charge policy, which took effect just weeks before COVID-19 hit the United States, had a widespread and enduring “chilling effect” that deterred millions in immigrant families from seeking healthcare and other aid during the pandemic, undermining pandemic response and widening racial disparities in its economic and health impact.
In issuing this new final rule, the Biden administration followed Administrative Procedures Act procedure, which governs the process by which federal agencies make or change regulations. The process to arrive at this final public charge regulation began in August 2021 with an advance notice of proposed rulemaking that included a 60-day public comment period. It was followed in February 2022 with a final regulatory proposal also with a 60-day comment period. The PIF Michigan campaign submitted a comment on April 25, 2022, in response to the February regulatory proposal.
The PIF coalition, including the PIF Michigan campaign, continues to advocate for Congress to make additional changes to federal immigration law. This includes passing the Lifting Immigrant Families Through Benefits Access Restoration (LIFT the BAR) Act, which will support immigrants of color and with low incomes by eliminating other barriers to health and social safety net programs.
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The Michigan League for Public Policy, www.mlpp.org, is a nonprofit policy institute focused on opportunity for all. Its mission is to advance economic security, racial equity, health and well-being for all people in Michigan through policy change. It is the only state-level organization that addresses poverty in a comprehensive way.
Emily Jorgensen joined the Michigan League for Public Policy in July 2019. She deeply cares about the well-being of individuals and families and has a great love for Michigan. She is grateful that her position at the League enables her to combine these passions and work to help promote policies that will lead to better opportunities and security for all Michiganders.
Jacob Kaplan 
Mikell Frey is a communications professional with a passion for using the art of storytelling to positively impact lives. She strongly believes that positive social change can be inspired by the sharing of data-driven information coupled with the unique perspectives of people from all walks of life across Michigan, especially those who have faced extraordinary barriers. 
Rachel Richards rejoined the League in December 2020 as the Fiscal Policy Director working on state budget and tax policies. Prior to returning to the League, she served as the Director of Legislative Affairs for the Michigan Department of Treasury, the tax policy analyst and Legislative Director for the Michigan League for Public Policy, and a policy analyst and the Appropriations Coordinator for the Democratic Caucus of the Michigan House of Representatives. She brings with her over a decade of experience in policies focused on economic opportunity, including workforce issues, tax, and state budget.
Donald Stuckey 
Patrick Schaefer
Alexandra Stamm 
Amari Fuller
Renell Weathers, Michigan League for Public Policy (MLPP) Community Engagement Consultant. As community engagement consultant, Renell works with organizations throughout the state in connecting the impact of budget and tax policies to their communities. She is motivated by the belief that all children and adults deserve the opportunity to achieve their dreams regardless of race, ethnicity, religion or economic class.
Megan Farnsworth joined the League’s staff in December 2022 as Executive Assistant. Megan is driven by work that is personally fulfilling, and feels honored to help support the work of an organization that pushes for more robust programming and opportunities for the residents of our state. She’s excited and motivated to gain overarching knowledge of the policies and agendas that the League supports.
Yona Isaacs (she/hers) is an Early Childhood Data Analyst for the Kids Count project. After earning her Bachelor of Science in Biopsychology, Cognition, and Neuroscience at the University of Michigan, she began her career as a research coordinator in pediatric psychiatry using data to understand the impacts of brain activity and genetics on children’s behavior and mental health symptoms. This work prompted an interest in exploring social determinants of health and the role of policy in promoting equitable opportunities for all children, families, and communities. She returned to the University of Michigan to complete her Masters in Social Work focused on Social Policy and Evaluation, during which she interned with the ACLU of Michigan’s policy and legislative team and assisted local nonprofit organizations in creating data and evaluation metrics. She currently serves as a coordinator for the Michigan Center for Youth Justice on a project aiming to increase placement options and enhance cultural competency within the juvenile justice system for LGBTQIA+ youth. Yona is eager to put her data skills to work at the League in support of data-driven policies that advocate for equitable access to healthcare, education, economic security, and opportunity for 0-5 year old children. In her free time, she enjoys tackling DIY house projects and trying new outdoor activities with her dog.
Amber Bellazaire joined the Michigan League for Public Policy as a policy analyst in June of 2019. Her work primarily focuses on state policy and budgets affecting Michigan’s Medicaid programs. Previously, Amber worked at the National Conference of State Legislatures tracking legislation and research related to injury and violence prevention, adolescent health, and maternal and child health. She also brings with her two years of Americorps service. As a full time volunteer, Amber had the opportunity to tutor high school students in Chelsea, Massachusetts and address issues of healthcare access and food insecurity through in-person outreach in Seattle, Washington.
Simon Marshall-Shah joined the Michigan League for Public Policy as a State Policy Fellow in August 2019. His work focuses on state policy as it relates to the budget, immigration, health care and other League policy priorities. Before joining the League, he worked in Washington, D.C. at the Association for Community Affiliated Plans (ACAP), providing federal policy and advocacy support to nonprofit, Medicaid health plans (Safety Net Health Plans) related to the ACA Marketplaces as well as Quality & Operations.
