Living in Fear: Report Documents the Harm Inflicted on Immigrant Families, Children in Charlotte Area, Carolinas

Every day, immigrant families live in fear of separation and suffer from chronic stress while struggling to build a stable life in a community that keeps them on the fringes.

These are the findings of a recent report documenting the harm of the Trump administration’s deliberate attacks on immigrants living in the Carolinas and across the U.S.

In collaboration with Charlotte Center for Legal Advocacy and South Carolina Appleseed, the Center for Law and Social Policy (CLASP) has released its findings based on interviews with a range of professionals serving the immigrant community—including childcare providers, nursing home visitors, health and mental health care providers, health insurance navigators, nutrition assistance providers, and legal service providers.

“The Trump Administration has repeatedly shown indifference to the effects of its policies and rhetoric on children across the country and in some cases is deliberately using harm to immigrant children as a political lever,” said Madison Allen, co-author of the Carolinas report and senior policy analyst/attorney at CLASP. “We found that parents are altering their daily lives and avoiding public health, nutrition, and education programs because of these relentless attacks. We heard stories about parents being detained in front of their children, kids who are afraid to go outside and play, and chronic stress that will have long-term consequences for many children.”

Charlotte’s foreign-born population makes up 10 percent of the total population, with most individuals coming from Latin America (50 percent) and Asia (31 percent). This population has grown significantly over the past 10 years.

With one in four children having at least one immigrant parent, the report illustrates the deliberate detrimental impact this administration’s rhetoric and policies are having on children and, by extension, our greater community.

Through interviews conducted between January and March 2020 in the Charlotte metro and Columbia, S.C. areas, recurring themes echoed the harmful and deep impacts families experience because of the Trump administration’s harmful rhetoric and zero-tolerance enforcement tactics.

Interviewees shared stories of how the constant, looming fear of immigration enforcement dramatically impacts daily life for immigrant parents and children in their communities.

Parents and caregivers are afraid to leave their homes to work or take care of everyday necessities out of fear that they will not return home to their families. That fear is not limited to adults either. Children of all ages are also experiencing and internalizing chronic stress and anxiety that impacts their health and wellbeing in ways that will linger for years.

Providers shared concerns about the children who are living at homes with chronic ongoing stress and what that means for their future. As a nurse practitioner explained, “the increase in cortisol and the inflammatory markers that go along with stress precipitates a lot of chronic disease.”

Families are also avoiding publicly funded health and nutrition services for which they are eligible specifically due to the administration’s new Public Charge rule. The rule, which went into effect Feb. 24, expands the types of benefits considered in the “public charge” immigration test administered to immigrants entering the country or seeking permanent residency to determine if they will become primarily dependent on the government for financial support.

The rule has faced several court challenges since going into effect with decisions just in the last month that have put it on hold and then resumed it again, adding to confusion about what options families have.

Immigrants without legal status do not qualify for most public benefits. Most immigrants with status who do qualify for public benefits along with all U.S. citizen family members are not subject to the rule. Also, several types of public benefits are not included in the assessment, such as WIC, NC Health Choice and Emergency Medicaid. This hasn’t stopped families from withdrawing from stabilizing programs out of fear.

In the report, Advocacy Center staff shared several stories of families choosing not to enroll in benefits.

One story involved a woman from Mexico who had been a U.S. citizen for 20 years. During a meeting to enroll in health coverage, a health insurance navigator shared that the woman was eligible to sign up for food stamps (SNAP benefits) based on her income. The woman declined “… because of the public charge, she thought it applied to her … and she was just really scared.”

Medical-Legal Partnership coordinator Elizabeth Setaro has been leading the Advocacy Center’s efforts to help families fight fear with facts.

“Through education and outreach, we are making sure families understand what they’re entitled to receive and have access to the necessary resources that ensure they remain stable during these uncertain times,” Setaro said.

On top of policy threats at the federal level, immigrant families in the Carolinas face added barriers when accessing safety net programs like Medicaid due to shortcomings in the state eligibility software and training for social services staff. These systems are difficult for most people to effectively navigate without assistance, especially when English is a second language.

CLASP’s research found that conditions for immigrant children and their families in the Carolinas were exacerbated by confusion, misinformation and limited availability of legal services, specifically in South Carolina.

In the Charlotte region, the Advocacy Center is the largest provider of free and low-cost legal services for immigrant families, but additional options for legal assistance are limited beyond hiring a private attorney.

Private immigration attorneys are often not well versed on immigrant eligibility for public benefits, which also adds to confusion and uncertainty.

The Advocacy Center fights to ensure equal access to resources under the law for immigrant families. That includes working with service providers and the immigrant community to help families understand and access local resources that are available, while also holding administrative and government systems accountable to provide services families are entitled to receive.

The report’s findings illustrate the need for policies that equitably ensure safety, economic security and stability for all families, including immigrants.

Such policies would enable all people to live their lives as productive citizens engaging in civic and economic life without fear and build a strong community that allows families to thrive.

Learn more by reading the report, “Trump Administration Immigration Policies Are Harming Children and Families in the Carolinas”.

Fighting Fear with Facts: Helping Families Understand Public Charge

As a member of the Protecting Immigrant Families Campaign, a national coalition of organizations fighting to protect immigrant family stability, Charlotte Center for Legal Advocacy has been working to educate the community on the local impact of the Trump administration’s new Public Charge rule.

The rule, which went into effect Feb. 24, expands the types of benefits considered in the “public charge” immigration test administered to immigrants entering the country or seeking permanent residency to determine if they will become primarily dependent on the government for financial support. 

This broader definition makes it harder for low-income immigrants to legally immigrate to the U.S. through family-based petitions or adjust their immigration status to become legal permanent residents (become green card holders).

Misinformation around the rule is also creating unnecessary fear for families who are not impacted. Immigrants without legal status do not qualify for most public benefits. Many immigrants with status who do qualify and all U.S. citizen family members are not subject to the rule.

Families are also scared to use resources that are not included in the rule such as Affordable Care Act Marketplace health coverage, local health programs, and school lunches programs.

That’s why families need to seek legal advice and understand their options before making any major decisions.

Medical-Legal Partnership coordinator Elizabeth Setaro has been leading the Advocacy Center’s efforts, appearing in local Spanish media and conducting presentations for families, healthcare providers and community groups that serve the immigrant community.

“Our goal is to help families fight fear with facts,” she said. “When families have the information they need, they can make informed decisions about what is best for their individual situations.”

Charlotte Center for Legal Advocacy’s health insurance navigators also participated in a report released last week by the National Immigration Law Center (NILC) documenting the harm caused by the public charge rule before it was implemented. The report shows the chilling effect the rule has had on families using public benefits and seeking health care they are entitled to receive.

NILC interviewed health insurance navigators Andrea Mora and Johanna Parra, who provided firsthand accounts of the fear they have observed from families the Advocacy Center serves. Since the rule was proposed, Mora and Parra have had families who were not subject to the rule insist on withdrawing from benefits out of fear that continuing to use them would jeopardize their immigration status. 

The sad part of all this is that, mainly, all these consumers are already green card–holders. They are already residents, so some of them will apply for citizenship in a few years, some of them … have been given the green card …. [W]e have to explain, “You are already a resident, you won’t have any problem because this is a proposed rule that will affect from maybe when you are applying for residency, so that is not your situation.”

Quote from a Charlotte Center for Legal Advocacy navigator featured in “Documenting through Service Provider Accounts Harm Caused by the Department of Homeland Security’s Public Charge Rule” published by the National Immigration Law Center.

This continues to happen even though the rule does not apply to most immigrants.

Now with concerns of COVID-19 spread, families may fear seeking testing or care if they worry about negative immigration impacts.

Charlotte Center for Legal Advocacy continues to monitor the effects of this rule and is available to help families understand their options.

Learn more about Public Charge and its impact on our community:

Public Charge: What Families Need to Know
Ocho Cosas Que Debes Saber Sobre Carga Pública

Ocho Cosas Que Debes Saber Sobre Carga Pública

Tiene preguntas sobre la “carga pública”? Mire esta presentación de Elizabeth Setaro  del Centro Apoyo Legal de Charlotte para conocer cómo la carga pública y si afecta a su familia.

¿Qué es la carga publica?

La carga publica se refiere a una ley antigua de inmigración que dice que el gobierno puede negar entrada o la residencia permanente a un inmigrante que probablemente dependa del gobierno en el futuro.

¿A quién aplica la carga publica?

  • Personas que ingresan al EEUU con visas de estudiante, laborales o familiares
  • Personas con visa de estudiante, laborales o familiar que solicitan ajustar su estatus migratorio al estatus de residente permanente
  • Residentes permanentes que salen del país por seis meses o más y buscan reingresar a los EEUU

¿A quién NO aplica la carga publica?

  • Asilo o refugiado
  • Renovación de residencia
  • TPS, visa U, visa T
  • Renovaciones de DACA
  • Estado especial para inmigrante juvenil
  • Personas aplicando para ciudadanía

¿Cuáles beneficios son considerados para la carga publica?

  • Medicaid (excepto Medicaid de emergencia, menores de 21 años, mujeres embarazadas y nuevas madres)
  • Programa de asistencia nutricional, “estampillas de comida” o “cupones de alimento”
  • Programas de asistencia en efectivo (SSI, TANF, asistencia general)
  • Asistencia de vivienda como Sección 8 y Vivienda Publica
  • La mayoría de las personas sujetas a la regla no son elegibles para beneficios mencionados.

¿Cuáles beneficios NO son afectados por la carga publica?

  • Todos servicios no mencionados
  • WIC
  • CHIP
  • Mercado de salud, obamacare
  • Almuerzos escolares
  • Dispensas de alimentos
  • Asistencia de cuidado infantil

¿Qué va a pasar si uso beneficios?

  • El uso de beneficios no lo hará automáticamente un cargo publico
  • Los oficiales de inmigración deben examinar todas sus circunstancias para determinar si es probable que dependa del gobierno en el futuro.
  • Edad, salud, ingresos, educación, habilidades, otros
  • Factores positivos se pueden medir contra factores negativos

¿Use beneficios en el pasado, como me afectan los cambios?

  • Los cambios en la ley NO son retroactivos
  • Solo cuentan beneficios recibidos empezando el 24 de febrero
  • Beneficios recibidos antes de esa fecha siguen las reglas antiguas

¿Un familiar recibe estos beneficios, me afecta a mí?

  • Beneficios recibidos por los dependientes de un solicitante no pueden considerarse en la evaluación de la carga pública del solicitante
  • Incluir su nombre en la aplicación de su hijo NO significa que ha solicitado beneficios para usted