Our friends at the ELCA federal public policy office shared an advocacy opportunity to respond to a new federal rule that would give immigration agents broad discretion on how to make “public charge determinations” — allowing agents to deny entry or a green card to an immigrant they deem to be likely to become primarily dependent on the government for subsistence or long-term care. 

“Public charge” determinations previously had a high bar and didn’t consider use of means-tested benefits. Under the new proposed rule, immigration agents might consider previous or anticipated use of any government benefit — both for applicants and even potentially their family members. The lack of specificity could lead to a chilling effect and disenrollment from critical services like Medicaid or the Children’s Health Insurance Program (CHIP). 

What can you do?

Submit a public comment here by midnight EST Dec. 19, opposing the proposed rule. You can read ELCA’s public comment here, and you can find additional detailed background and templates here (we recommend using the templates for reference only, and drafting your own comment from scratch). 

Who can submit a public comment?

You may submit a comment as an individual or on behalf of an organization. You may also submit your comment anonymously, but this is less influential. 

Why submit a public comment?

Federal agencies require public feedback on many of their policies posted on the federal register. Federal law requires agencies to consider and address these comments when making final decisions. Comments may also be considered in future court challenges to the rule. 

What should a public comment look like?

Here is one guide to writing an effective public comment. You don’t need to touch on every aspect of the policy, and your comment doesn’t need to be longer than a paragraph or two. The most effective part of your comment is its uniqueness and its insight on the rule’s impact on your community. 

If you write a public comment on this ruling, please let us know, paullarson@leanforjustice.org.