[Wsssc] FW: FW: Public Charge & CARES Act

Mon Apr 20 09:41:33 PDT 2020

WSSSC: here is some clarification on whether CARES student aid will work against students in public charge determinations. Joe
From: Lauren Walizer <lwalizer at clasp.org<mailto:lwalizer at clasp.org>>
Sent: Friday, April 17, 2020 12:39 PM
To: William Durden <wdurden at sbctc.edu<mailto:wdurden at sbctc.edu>>; Jon Kerr <jkerr at sbctc.edu<mailto:jkerr at sbctc.edu>>
Cc: Joe Holliday <jholliday at sbctc.edu<mailto:jholliday at sbctc.edu>>
Subject: Re: Public Charge & CARES Act

Hi all,
I consulted my colleagues who do our Protecting Immigrant Families<https://protectingimmigrantfamilies.org/> work. They said the aid shouldn't count, although the Administration isn't likely to give a straight answer and we don't want to push them on it for fear of them flatly denying immigrant students.

Some support for the "shouldn't count" justification for you to hang your hat on:
1. financial aid doesn't count against someone for public charge purposes
2. emergency benefits don't count against someone
3. other than "cash for income maintenance" only the programs named in the rule count against someone

I've also included the public charge preamble language re: disasters/emergencies in case that helps:

"D–SNAP and other emergency disaster relief assistance programs are not included in the rule. DHS also notes that, as provided in the NPRM, not all cash assistance would qualify as cash assistance for income maintenance under the proposed rule. For instance, DHS would not consider Stafford Act disaster assistance, including financial assistance provided to individuals and households under the Federal Emergency Management Agency’s Individuals and Households Program, 42 U.S.C. 5174, as cash assistance for income maintenance. The same would hold true for comparable disaster assistance provided by State, local, or tribal governments."  84 Fed Reg 157, at 41392 (August 14, 2019).

"Furthermore, the rule’s definition of public benefit does not include emergency aid, emergency medical assistance, or disaster relief." 84 Fed Reg 157, at 41482." (August 14, 2019).

"For example, LIHEAP (Low Income Home Energy Assistance Program) and emergency disaster relief would not be considered as a public benefit in the public charge inadmissibility determination even though they may be considered as a cash or cash equivalent benefits." 84 Fed Reg 157, at 41374 (August 14, 2019).

"DHS would not consider Stafford Act disaster assistance, including financial assistance provided to individuals and households under Individual Assistance under the Federal Emergency Management Agency’s Individuals and Households Program (42 U.S.C. 5174) as cash assistance for income maintenance. The same would hold true for comparable disaster assistance provided by State, local, or tribal governments. Other categories of cash assistance that are not intended to maintain a person at a minimum level of income would similarly not fall within the definition. In addition, DHS will not consider medical assistance for emergency medical condition (42 U.S. C. 1396(v)(3)) or short-term, non-cash, in-kind emergency disaster relief." 84 Fed Reg 157, at 41364 (August 14, 2019).

“This definition does not include benefits related exclusively to emergency response, immunization, education, or social services, nor does it include exclusively state and local noncash aid programs. DHS acknowledges that individuals subject to this rule may decline to enroll in, or may choose to disenroll from, public benefits for which they may be eligible under PRWORA, in order to avoid negative consequences as a result of this final rule. However, DHS has authority to take past, current, and likely future receipt of public benefits into account, even where it may ultimately result in discouraging aliens from receiving public benefits.” 84 FR at 41312

Lauren E. Walizer
Senior Policy Analyst
She/her/hers
c (610) 457-7156 | lwalizer at clasp.org<mailto:lwalizer at clasp.org> | clasp.org/lauren<https://www.clasp.org/profile/lauren-walizer> | @laurenwalizer

________________________________
From: William Durden <wdurden at sbctc.edu<mailto:wdurden at sbctc.edu>>
Sent: Friday, April 17, 2020 2:32 PM
To: Jon Kerr <jkerr at sbctc.edu<mailto:jkerr at sbctc.edu>>; Lauren Walizer <lwalizer at clasp.org<mailto:lwalizer at clasp.org>>
Cc: Joe Holliday <jholliday at sbctc.edu<mailto:jholliday at sbctc.edu>>
Subject: Re: Public Charge & CARES Act

Fantastic, Lauren, thanks! -- Will

[cid:17198711ad5dea013b41]

________________________________
From: Jon Kerr <jkerr at sbctc.edu<mailto:jkerr at sbctc.edu>>
Sent: Friday, April 17, 2020 10:45 AM
To: Lauren Walizer <lwalizer at clasp.org<mailto:lwalizer at clasp.org>>
Cc: William Durden <wdurden at sbctc.edu<mailto:wdurden at sbctc.edu>>; Joe Holliday <jholliday at sbctc.edu<mailto:jholliday at sbctc.edu>>
Subject: RE: Public Charge & CARES Act

Greetings Lauren,

Thanks so much. Greatly appreciated. Erin Frasier is sensational by the way.--Jon

[Compass]Jon Kerr (he|his|him)

Director of Basic Education for Adults

Washington State Board for Community and Technical Colleges

jkerr at sbctc.edu<mailto:jkerr at sbctc.edu> • o: 360-704-4326 • f: 360-704-4419

Assistant Christy Lowder, • o: 360-704-4323 E clowder at sbctc.edu<mailto:clowder at sbctc.edu>

From: Lauren Walizer <lwalizer at clasp.org<mailto:lwalizer at clasp.org>>
Sent: Friday, April 17, 2020 10:39 AM
To: Jon Kerr <jkerr at sbctc.edu<mailto:jkerr at sbctc.edu>>
Cc: William Durden <wdurden at sbctc.edu<mailto:wdurden at sbctc.edu>>
Subject: Re: Public Charge & CARES Act

Hi Jon and Will,

Hope you both are doing well! I'm in the process of connecting with some colleagues on this. You are actually the second group today(!) to ask me that question and so I'm sure it must be on many people's minds.

By the way, we received funding from Lumina to work with a few states on public benefits access for students, and WA is one of them! My colleague Ashley and I had a great conversation with Ami Magisos at WASC and Babs Roberts at the Department of Social & Human Services. We hope to connect with SBCTC soon - we were referred to Erin Frasier. Anyway, we now have the funding/capacity to do some more work in WA so let me know if there's anything else you need, or would like to be on the call when we speak with Erin.

Thanks!

Lauren

Lauren E. Walizer

Senior Policy Analyst

She/her/hers

c (610) 457-7156 | lwalizer at clasp.org<mailto:lwalizer at clasp.org> | clasp.org/lauren<https://www.clasp.org/profile/lauren-walizer> | @laurenwalizer

________________________________

From: Jon Kerr <jkerr at sbctc.edu<mailto:jkerr at sbctc.edu>>
Sent: Friday, April 17, 2020 1:13 PM
To: Lauren Walizer <lwalizer at clasp.org<mailto:lwalizer at clasp.org>>
Cc: William Durden <wdurden at sbctc.edu<mailto:wdurden at sbctc.edu>>
Subject: Public Charge & CARES Act

Greetings Lauren,

I hope you are doing well during these challenging times. I am hoping you might be able to help with the following. Do you have access to any information we could share with students and staff that direct student aid from the CARES Act funding will not count against individuals in their Public Access/Public Charge evaluation?  This is incredibly important news and some of my most vulnerable students have already responded. Others, immigrants, who need this assistance, will resist accessing it because they know about the Public Charge Rule and will believe accessing this assistance will jeopardize their status.

Thanks in advance,

Jon

[Compass]Jon Kerr (he|his|him)

Director of Basic Education for Adults

Washington State Board for Community and Technical Colleges

jkerr at sbctc.edu<mailto:jkerr at sbctc.edu> • o: 360-704-4326 • f: 360-704-4419

Assistant Christy Lowder, • o: 360-704-4323 E clowder at sbctc.edu<mailto:clowder at sbctc.edu>

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