Public Charge Test Delayed by Preliminary Injunction

The Trump Administration’s new “Public Charge” test makes it harder for immigrants with disabilities and their families to stay together and meet basic needs such as those associated with having a disability or needing poverty programs like SSI or Medicaid. This threatens the ability of immigrants to obtain permanent residency (“green cards”).[¹] The “public charge” test has been part of federal immigration law for decades.[²] The new final rule changes the definition of public charge to “an alien who receives one or more public benefits,” expands the public benefits the test takes into consideration, and establishes a minimum income threshold of 125% of the federal poverty level.[³] Qualities that count towards someone being considered a “public charge” include being age 62 or older, limited English proficiency, being uninsured, or having a serious health condition or disability.[⁴]

The government can deny admission to the U.S. or refuse an application for lawful permanent residency (green card) to an applicant it determines likely to become a public charge.[⁵] This determination looks at the “totality of circumstances,” including the applicant’s age, health, family status, income and resources, education and skills.[⁶] The Public Charge rule was scheduled to take effect on October 15, 2019, before being delayed by preliminary injunctions granted by federal courts in New York, Washington State, and California against the U.S. Department of Homeland Security (DHS).[⁷] Two-thirds of the decisions rely on the “strength of the disability discrimination claims under Section 504 of the Rehabilitation Act,” explaining that “there is a significant possibility” for people with disabilities to be “deemed inadmissible primarily on the basis of their disability.”[⁸]

The Autism Collaboration, Accountability, Research, Education, and Support (CARES) Act of 2019

The Autism CARES Act of 2019, Pub. L. No. 116.60, amends the Public Health Services Act to expand research on autism spectrum disorder (ASD) and enhance programs relating to it, including education, early detection, and intervention. It recommends establishing best practices guidelines to ensure interdisciplinary coordination between all relevant service providers receiving federal funding, including “community-based  behavioral  supports and interventions; nutrition, recreational, and social activities; and personal safety services including the criminal justice system;” and recommendations that seek improved health outcomes, including through adulthood, by screening and diagnosis; behavioral and primary and preventative care; communication challenges; aggression, self-injury, etc.; emergency room visits and acute care hospitalization; treatment for co-occurring physical and mental health conditions; premature mortality; medical practitioner training and caregiver mental health.  The US Department of Health and Human Services/National Institutes of Health is to report to Congress “information on how states use home- and community-based services and other supports to ensure that individuals with ASD and other developmental disabilities are living, working, and participating in their community.’’

Autism CARES Act appropriated approximately only $4.52 million more than the current amount of nearly $141 million per year for each year, 2020 through 2024.[⁹]

SSI Restoration Act of 2019 Introduced in U.S. House of Representatives and Senate

The SSI Restoration Act of 2019 was introduced to the U.S. House of Representatives and the Senate and is now before the House Ways and Means Committee. The purpose of the legislation is to increase the financial eligibility criteria, which has not been increased since the early 1970s.  (Note that these financial eligibility limits for SSI are the same for Medicaid, e.g., up to $2,000 in resources for an individual.)  It is estimated to have a less than 5% chance of passing.  PWDF supports this legislation.