STATE ASSEMBLY

December 10, 2018

U.S. Citizenship and Immigration Services Department of Homeland Security 20 Massachusetts Avenue NW Washington, DC 20529-2140

Re: DHS Docket No. USCIS-2010-0012, RIN 1615-AA22, Comments in Response to Proposed Rulemaking: Inadmissibility on Public Charge Grounds Dear Sir/Madam: We strongly oppose the Department of Homeland Security’s proposed regulation change relating to "public charge.”

New York is home to 4.5 million immigrants – 23% of our total population. It is estimated that 2.1 million New Yorkers live in a household with at least one non-citizen immigrant and where someone in that family has received one of the public benefits named in the proposed rule.

Our state and the safety net we have built to protect all residents would be drastically undermined if this proposed rule is adopted. It would undermine access to essential health care, nutrition assistance, and housing assistance for eligible immigrants and their family members. In addition, the fear created by this proposal would extend far beyond any individual who may be subject to the “public charge” test and will cause lasting harm to entire communities.

We are hearing from service providers across the state that they are already seeing decreased participation in Medicaid and other programs due to community fears stemming from the leaked draft regulations. The proposed rule would amplify the harm and worsen existing racial health disparities. Immigrants who are older, have a preexisting health condition or a disability will be disproportionately harmed.

The proposal threatens our health care system. By excluding healthy immigrants from insurance pools, we undermine the health coverage for millions of U.S. residents. A decline in the number of insured patients will cause uncompensated care costs to skyrocket, further stressing already overburdened safety net hospitals and clinics.

The proposal also discriminates against people with disabilities, people with chronic health conditions, and older adults. It unfairly uses an individual’s health condition or disability against them, particularly if the person needs treatment or supports not covered by private insurance. Because many critical disability services are only available through Medicaid, the rule will prevent many people with disabilities and their families from immigrating to the U.S. and getting needed services.

The Department should withdraw the proposal and instead advance policies that support—rather than undermine—the health of families and communities.

Sincerely,

Assemblymember Richard N. Gottfried Assemblymember Assemblymember Amy R. Paulin Assemblymember Carmen De La Rosa Assemblymember Assemblymember Latrice M. Walker Assemblymember Anthony D’Urso Assemblymember Jo Ann Simon Assemblymember Michaelle C. Solages Assemblymember Daniel Quart Assemblymember Barbara S. Lifton Assemblymember Thomas J. Abinanti Assemblymember Kenneth P. Zebrowski Assemblymember Kevin A. Cahill Assemblymember Helene E. Weinstein