Sen. Merkley, Colleagues Push Trump Administration to Suspend Public Charge Rule Amid Dual Crises of COVID-19, Wildfires

WASHINGTON, Sept. 26 -- Sen. Jeff Merkley, D-Oregon, issued the following news release:

Oregon's U.S. Senators Jeff Merkley and Ron Wyden, along with Representatives Earl Blumenauer and Suzanne Bonamici, are pushing the Trump administration to suspend the public charge rule--which can jeopardize an individual's path to obtaining a visa or green card if they access public services--to ensure that all Oregonians impacted by the wildfires and the coronavirus are able to seek necessary care and emergency assistance.

"In response to the devastation caused by the wildfires in Oregon, it is imperative that you suspend the public charge rule in its entirety. While disaster relief is technically exempt from the rule's scope, the rule has had harmful and widespread chilling effects that have led families to avoid seeking the services and coverage they need for fear of jeopardizing their immigration status, even when such services are not included in the rule's scope or when they themselves are not subject to a public charge determination. As a result, the rule could discourage immigrant families from seeking disaster assistance, medical care, and other critical services needed to weather these concurrent crises," the lawmakers wrote in a letter to Kenneth Cuccinelli, who, according to a federal judge's ruling, was illegally appointed Acting Director of U.S. Citizenship and Immigration Services (USCIS) after the Trump administration violated a federal vacancies law.

In their letter, the lawmakers emphasized that wildfires continue to ravage the state--fires that have displaced thousands of people, destroyed millions of dollars in property and scenic areas, exposed millions of people to hazardous smoke, and introduced new barriers to food and medical assistance for children and seniors. These impacts have affected Oregonians irrespective of their immigration status, at a time when communities were already struggling to make it through the coronavirus crisis.

"The wildfires in Oregon and the coronavirus pandemic are unprecedented converging crises. A rule that creates barriers to immigrant families' safety and recovery during a period of unparalleled destruction is not only counterproductive, it is cruel and discriminatory. For this reason, we request an immediate moratorium on any enforcement related to the Inadmissibility on Public Charge Grounds rule during Oregon's wildfire response and subsequent recovery. We also request your agencies issue robust and targeted public notices that alleviate fear and confusion regarding this rule during the time noted above," they continued.

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September25, 2020

To: The Honorable Kenneth Cuccinelli, Acting Director, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, 20 Massachusetts Avenue NW, Washington, D.C. 20529

Dear Acting Director Cuccinelli,

On September 15, 2020, President Trump granted a Presidential Disaster Declaration in Oregon at the request of Governor Kate Brown due to catastrophic wildfires. On the following day, the U.S. Department of Health and Human Services (HHS) declared that a public health emergency exists in Oregon as a result of the wildfires.

Considering that Oregonians need urgent relief as the state responds to and recovers from these fires, we request an immediate moratorium on the Inadmissibility on Public Charge Grounds final rule to ensure that all people, regardless of immigration status, are able to seek necessary medical care, housing, nutrition assistance, and disaster relief for which they are eligible amid this disaster and public health emergency. We also request your agency issue robust and targeted public notices to better inform individuals that receiving disaster aid and certain other forms of assistance will not be negative factors in any subsequent public charge determination.

Wildfires continue to ravage Oregon and tribal lands. From displacing thousands of individuals to destroying millions of dollars in property and scenic areas, these fires have devastated the lives of Oregonians irrespective of immigration status. Families are homeless. Children face greater barriers to accessing nutritious foods. Many seniors require essential medical assistance. As harmful, heavy coats of smoke blanket the state and fires continue to spread to new communities, we must ensure people in need are able to access support without fear.

On February 24, 2020, United States Citizenship and Immigration Services (USCIS) nationally implemented the Inadmissibility on Public Charge Grounds final rule. The rule, as you know, disadvantages or disqualifies certain individuals seeking a visa or green card to remain in the United States who are determined to likely become a "public charge"-- that is, reliant on public assistance -- based on their use of an expanded scope of benefits. While the federal government has conducted more limited public charge determinations for years based on receipt of cash assistance, the rule dramatically expanded the policy to include consideration of a person's receipt of Medicaid, federal housing assistance, and nutrition support through the Supplemental Nutrition Assistance Program (SNAP). In July 2020, the U.S. District Court for the Southern District of New York halted the Department of Homeland Security's ability to enforce, apply, or implement the rule for the duration of the declared coronavirus national health emergency. The court recognized the importance of prioritizing the immediate health and safety of people during a crisis, regardless of their immigration status.

In response to the devastation caused by the wildfires in Oregon, it is imperative that you suspend the public charge rule in its entirety. While disaster relief is technically exempt from the rule's scope, the rule has had harmful and widespread chilling effects that have led families to avoid seeking the services and coverage they need for fear of jeopardizing their immigration status, even when such services are not included in the rule's scope or when they themselves are not subject to a public charge determination. As a result, the rule could discourage immigrant families from seeking disaster assistance, medical care, and other critical services needed to weather these concurrent crises.

The concurrent coronavirus pandemic and wildfire disaster have resulted in thousands of Oregonians requiring medical care. Health experts warn that wildfire smoke can harm eyes, irritate respiratory systems that are particularly at-risk during the COVID-19 outbreak, and worsen chronic lung and heart diseases. Further, we know numerous Oregonians are in need of health services during the ongoing pandemic. It is unconscionable, and not in the public's best interest, to maintain a rule that would scare individuals and families away from the help they may need simply because of their immigration status.

The wildfires in Oregon and the coronavirus pandemic are unprecedented converging crises. A rule that creates barriers to immigrant families' safety and recovery during a period of unparalleled destruction is not only counterproductive, it is cruel and discriminatory. For this reason, we request an immediate moratorium on any enforcement related to the Inadmissibility on Public Charge Grounds rule during Oregon's wildfire response and subsequent recovery. We also request your agencies issue robust and targeted public notices that alleviate fear and confusion regarding this rule during the time noted above.

Thank you for your attention to this request in ensuring all Oregonians impacted by the wildfire disaster and public health emergency are able to seek necessary care and assistance during these dual crises.

CC: Federal Emergency Management Administration, U.S. Department of Health and Human Services