Comment on rule requiring immigrants to disclose public benefits (U.S. Citizenship and Immigration Services)

The U.S. Citizenship and Immigration Services (USCIS) wants to collect detailed personal information from noncitizens who file a routine registration or change-of-address form. Joined by four cities and counties, Public Rights Project and New York City filed a comment in opposition to the proposed rule.

It’s an intrusive action that would force noncitizens to disclose extensive information about their schooling, work history, and any public benefits received, creating a significant burden for noncitizens who would have to gather and report it. The data USCIS seeks to collect are not relevant for its inquiries into public benefits use. This proposed change not only adds new requirements, but it is also unlawful under various federal laws. 

Our comment describes the chilling effect these new requirements will have on immigrant communities. A similar rule change previously led families to avoid using benefits programs they were eligible for because of fear and uncertainty. Nearly 50% of public benefit-eligible immigrant families across the country avoided using the Supplemental Nutrition Assistance Program (SNAP). Relying on the experience of local government officials, our comment explains the challenges the new requirements will create for local governments:

• Increased public health risks: As residents avoid health care services like vaccinations, public health is compromised. This places the broader population at risk.
• Increased costs: Taxpayers and local governments will bear the short- and long-term financial burden of overstretched safety net programs.
• Significant administrative burden: Unclear guidance and unnecessary requirements will force local governments to divert time and staff toward helping residents, pulling resources away from other critical services.

It’s clear that USCIS hasn’t accounted for the significant harm it will inflict on millions of people. We urge the agency to withdraw the notice.

Read the comment.