Sacramento (August 13, 2019) Disability Rights California (DRC), the agency mandated by federal law to protect and advocate for Californians with disabilities opposes the “public charge” rule that the Trump Administration finalized yesterday, which threatens thousands of California residents’ access to healthcare and crucial benefits, and is particularly harmful and discriminatory against immigrants with disabilities. 

DRC is very concerned that the various provisions of the “public charge” rule will disproportionately impact people with disabilities – including people with chronic health conditions, intellectual and developmental disabilities, psychiatric disabilities, and/or physical disabilities.  Specifically, this rule will significantly increase the government’s ability to consider discriminatory factors, related to an individual’s health, when determining whether a person is deemed as “public charge.”

DRC is also concerned that under the new rule, a person may be prevented from entering or re-entering the country, becoming a lawful permanent resident, or extending a visa on “public charge” grounds if they simply use certain government benefits for which they are eligible, such as programs related to the provision of healthcare, food, and housing. Many Californians with disabilities access these services as a means of securing the services and supports they need to successfully live in the community. DRC stands with the immigrant community, immigrant rights groups, other disability groups and civil rights groups in opposing this rule.

Litigation

• NY v. DHS and UCIS Order - Filed 10/11/19 (pdf)
• [PROPOSED] CALIFORNIA AMICUS BRIEF - Filed 9/11/19 (pdf)
• California complaint - Filed 8/16/19 (pdf)

News Updates

• Judge Blocks Trump Policy That Favors Wealthy Immigrants - NY Times 10/11/19

Additional Resources for Information

• California Health and Human Services Agency Public Charge Guide
• Let’s Talk About Public Charge - This resource is designed to help immigrants, mixed-status families, and communities understand the core elements of public charge. 
• Getting the Help You Need - This resource is designed for people that work directly with immigrant families to help them understand whether they are subject to public charge. 
• You Have Rights: Protect Your Health (NEW LANGUAGES) This resource is designed to help mixed-status families know more about their rights when it comes to going to the doctor or enrolling in health insurance. 
  Available in Spanish, French, Chinese, Arabic and more languages coming soon.
• National Immigration Law Center
• Protecting Immigrant Families
• National Immigration Legal Services Directory
• Public Charge and Disability
• How the Proposed Public Charge Rule Will Hurt People with Disabilities

DRC Materials

• Public Charge Comments 12-10-2018 (pdf)
  Public Charge Comments 12-10-2018 (rtf)
• Fact Sheet: Medicaid/Medi-Cal Cuts Will Hurt Schools and Special Education
• Fact Sheet: What is Medicaid/Medi-Cal?
• Fact Sheet: How Medicaid/Medi-cal Affects Regional Center Consumers
• Fact Sheet: How does Medicaid/Medi-Cal Affect Veterans
• Fact Sheet: How Medicaid/Medi-Cal Affects People with Mental Health Disabilities

About Disability Rights California (DRC)

Disability Rights California is the non-profit agency designated under federal law to protect and advocate for the rights of Californians with disabilities. Our mission is to protect and advance the rights, dignity, equal opportunities, and choices for all people with disabilities.

We will be posting updates regarding this, and other immigration policies affecting Californians with disabilities, on our website at: https://www.disabilityrightsca.org/

For more information on public charge issues, visit: https://www.nilc.org/.