Tag: Public Charge

CDC Eviction Moratorium: What you Need to Know

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*Updated June 29, 2021. Original post September 10th, 2020*

The federal government, through the Center for Disease Control, has announced a temporary halt on evictions through July 31, 2021 to prevent the further spread of COVID-19. Under the order, landlords and property owners are prohibited from evicting certain tenants impacted by COVID-19. If you are an immigrant, you may have concerns about claiming protection under the eviction moratorium. While we think the risk is minimal, we provide the information below to help you decide what is best for you and your family.

CDC Evictions Moratorium Flyer (English)
CDC Evictions Moratorium Flyer (Spanish)

How do I Qualify?

You qualify for the temporary protection against eviction if one of the following applies in your situation:

  • You cannot pay your full rent payment because of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses.
  • Your income is below $99,000 annually for an individual/ $198,000 annually for a couple.
  • You are using your best efforts to make timely partial payments that are as close to the full payment as your circumstances permit.
  • You have used best efforts to obtain all available government assistance available for rent or housing.
  • If evicted, you will become homeless or will have to move in with others in close quarters.

How do I claim protection under the Temporary Eviction Moratorium?

To claim the protection against eviction, every adult tenant must sign an affidavit that includes an agreement to pay any accumulated rent arrears after July 31, 2020.

Why might I worry about signing the affidavit as an immigrant?

An immigrant may be denied a visa, lawful permanent resident status, or reentry into the US (as a lawful permanent resident) if she or he is likely to become a public charge. Public charge is defined as someone who is primarily dependent on the government for subsistence.

Why I SHOULD NOT worry about signing the affidavit even though I am an immigrant:

  • Getting help under the Temporary Eviction Moratorium is not considered cash or other financial assistance that could count against you as a federal benefit for the public charge test.
  • The income limit for the federal moratorium is substantially higher than the income threshold for the public charge test. When you state that your income is not above $99,000/$198,000 annually, you do not admit that your income is below 125% federal poverty guideline ($32,750 annual income for family of 4) and, therefore, you do not jeopardize your immigration application.

Is it conceivable that my immigration application could be denied because I signed the affidavit stating that I cannot afford my rent?

It is conceivable but very unlikely and, certainly, there should be a legal challenge to a finding of public charge on this basis.

Remember that public charge DOES NOT APPLY to:

  • Asylum or Refugee status
  • Green Card renewal
  • TPS, U or T Visa status
  • DACA status or renewal
  • Special Immigrant Juvenile Status
  • Violence Against Women Act (VAWA)
  • Immigrants who already have LPR/ a green card

CONTACT CHARLOTTE CENTER FOR LEGAL ADVOCACY TO SPEAK TO SOMEONE ABOUT YOUR OPTIONS.

  • 704-376-1600
  • Línea en español 800-247-1931

Obtenga La Ayuda Que Necesita Bajo La Moratoria Temporal De Desalojo

El gobierno federal, a través del Centro para el Control de Enfermedades, ha anunciado una suspensión temporal de TODOS los desalojos hasta el 31 de julio de 2021 para evitar una mayor propagación de COVID-19. Según la orden, los propietarios tienen prohibido desalojar a ciertos inquilinos afectados por COVID-19. Si usted es un inmigrante, es posible que le preocupe reclamar protección bajo la moratoria de desalojo. Mientras creemos que el riesgo es mínimo, la siguiente información puede ayudarle a decidir qué es lo mejor para usted y su familia.

¿Cómo califico para la moratoria?

Usted califica para la protección temporal contra el desalojo si alguna de las siguientes situaciones le aplica:

  • No puede pagar el pago total del alquiler debido a los ingresos del hogar, la pérdida de horas de trabajo o salarios compensables, despidos o gastos médicos extraordinarios de su bolsillo.
  • Sus ingresos son menos de $99,000 anuales por persona o $198,000 por pareja.
  • Está haciendo todo lo posible para realizar pagos parciales puntuales que se acerquen tanto al pago total como lo permitan sus circunstancias.
  • Ha hecho todo lo posible para obtener toda la asistencia gubernamental disponible para alquiler o vivienda.
  • Si lo desalojan, se quedará sin hogar o tendrá que mudarse con otras personas cercanas.

¿Cómo reclamo protección bajo la Moratoria Temporal de Desalojo?

Para reclamar la protección contra el desalojo, todos los inquilinos adultos deben firmar una declaración que incluye su acuerdo de pagar los atrasos de alquiler acumulados después del 31 de julio de 2020.

¿Por qué podría preocuparme firmar una declaración como inmigrante?

A un inmigrante se le puede negar una visa, el estatus de residente permanente legal o el reingreso a los EE. UU. (como un residente permanente) si es probable que se convierta en una carga pública. La carga pública se define como alguien que depende principalmente del gobierno para su subsistencia.

Porque no DEBO preocuparme por firmar la declaración a pesar de que soy un inmigrante?

  • Obtener ayuda bajo la Moratoria de Desalojo Temporal no es considerado dinero en efectivo u otra asistencia financiera que pueda contarse en su contra como un beneficio federal para la prueba de carga pública.
  • El límite de ingresos para la moratoria federal es sustancialmente más alto que el límite de ingresos para la prueba de carga pública. Cuando declara que sus ingresos no superan los $ 99,000 / $ 198,000 anuales, no admite que sus ingresos estén por debajo del 125% de la línea de pobreza federal (Ingresos anuales de $ 32,750 para una familia de 4) y, por lo tanto, no pone en peligro su solicitud de inmigración

¿Es concebible que mi solicitud de inmigración pueda ser negada por firmar una declaración declarando que no puedo pagar el alquiler?

Es concebible pero muy improbable y definitivamentedebería haber una impugnación i legal contra una determinación de carga pública basado en esto.

Recuerde que la carga pública NO APLICA a:

  • Asilados o refugiados
  • Renovación de su permiso de residencia
  • TPS, Visa U o Visa T
  • Estado de DACA o renovación de DACA
  • Estado Especial de Inmigrante Juvenil
  • Ley de Violencia Contra la Mujer (VAWA)
  • Inmigrantes que ya tienen Residencia Permanente

Comuníquese con Charlotte Center for Legal Advocacy para hablar con alguien sobre sus opciones.

  • Línea en español 800-247-1931
  • charlottelegaladvocacy.org

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

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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

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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

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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

Supreme Court allows Public Charge rule to go into effect

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Yesterday, the U.S. Supreme Court temporarily lifted a nationwide court order blocking implementation of the Trump administration’s revised “public charge” rule. The 5-4 decision allows the rule to go into effect while legal challenges play out in lower courts.

This rule creates a discriminatory immigration system that only serves the wealthy. It targets immigrants legally seeking permanent resident status in the U.S., forcing them to choose between family unity and their ability to access basic needs such as food, shelter and health care.

“Public charge” has been a longstanding 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.

For more than 100 years, the U.S. government has recognized that social supports like health care and nutrition help families thrive and remain productive contributors to society. The government has long clarified that immigrant families can seek health and nutrition benefits for eligible families without fear of harming their immigration case.

Today, families no longer have that assurance.

Under the new rule, the definition of “public charge” is drastically broadened to consider whether a person is likely to use public benefits. 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.

While this rule directly affects a small number of people, fear surrounding it has already done considerable harm.

Last year, the Georgetown University Health Policy Institute’s Center for Children and Families reported that the U.S. saw its first increase in the uninsured rate for children in more than a decade. The Kaiser Family Foundation has also reported about half of community health centers reported people declining or withdrawing from coverage because of this regulation.

Locally Charlotte Center for Legal Advocacy has helped families who fear punishment for using benefits they are legally eligible to receive MORE than the instability created by going without this support.

The rule is a dangerous departure from our country’s proud identity as a nation of immigrants seeking the American Dream’s promise of opportunity earned through persistence and hard work.

Instead, of welcoming the “tired, poor, huddled masses” of the world to our country, this rule allows the wealthy to jump to the front of the line and cut off families who have waited years to reunite.

It punishes low-income people for wanting to legally live in the U.S. It denies vulnerable families the chance to even try to “pull themselves up by the bootstraps.”

Charlotte Center for Legal Advocacy serves hardworking low-income immigrant families who deserve a fair shot at the American Dream.

Now that this rule will go into effect, we are certain that many more families will decline critical access to nutrition, healthcare and housing they are eligible to receive, creating more confusion for families who already live in fear and vulnerable to exploitation.

This chilling effect destabilizes families, and it will impact our community for years to come.

Building a strong community means helping families thrive. When families are too afraid to seek assistance to meet their basic needs, our whole community suffers. Family safety and unity should not have to come at the expense of stability.

From the Protecting Immigrant Families Campaign:

What we can do RIGHT NOW

This rule is scary for families and communities they live in. It’s important for us to remember that we must fight fear with facts.

Yes, the Supreme Court’s ruling allows the public charge regulation to take effect, but …

  1. This rule may not be in place forever. However, it is in place for now and needs to be considered when making decisions for your family.
  2. The Administration hasn’t said when the rule will take effect. Follow Charlotte Center for Legal Advocacy for updates as we learn more from our national partners.
  3. The legal battle over this rule continues in the lower courts.


Fear is the Trump administration’s real weapon. Facts are families’ best defense against it:

  1. Most immigrants who are subject to public charge are not eligible for the programs listed in the rule. 
  2. Get the facts to do what’s best for your family.
  3. Anyone with questions about how this rule will impact their family can contact Charlotte Center for Legal Advocacy.

The fight to ensure all families have the right to thrive isn’t over.

  1. This regulation goes against our national identity. We are a nation of immigrants and that’s what makes our country great. Everyone deserves a fair shot at the American Dream, not just the wealthy.
  2. Immigrant families and allies must fight this regulation on different fronts.
    • Get the facts to do what’s best for your family
    • Help the Protecting Immigrant Families Campaign take this fight to Congress
    • Participate in the 2020 Census to ensure a complete and honest count. Urge others to participate.
    • Make sure your state and local government officials understand how this rule hurts our community.

Some Immigrants Choose Between Food Stamps and a Green Card

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Lourdes Juarez has lived in North Carolina since 2000, working part-time to help children with disabilities improve their motor skills. Originally from Mexico, she is now a lawful permanent resident of the United States with plans to apply for citizenship.

After bouts of pancreatic and liver cancer left her struggling with medical debt, she learned that she qualified for Medicaid, the government health program for low-income people. But she had a nagging concern that accepting government benefits would affect her chances of gaining citizenship. She had heard rumors to that effect among her friends and in the news.

Juarez’s fear reflects the growing sense among immigrants that they should avoid public programs, which also include food stamps and certain housing programs, in case they count against their ability to stay in the country permanently. In December, Juarez called the Charlotte Center for Legal Advocacy, which reassured her that her citizenship would not be affected if she enrolled in Medicaid. Only then did Jaurez relax and sign up.

Read more from theatlantic.com