5 things you should know about the new public charge rule

By Teague González, director of Public Benefits

Changes to the “Public Charge” rule go into effect today. Some of the changes include allowing the government to deny permanent residency (green cards) and visa renewals to certain lawfully present immigrants who participate in basic need programs like Medicaid, SNAP food assistance, and housing assistance.

The Trump administration is counting on fear to harm immigrant families and turn lifesaving programs against families. But the new public charge rule change applies to very few immigrants. Get all the facts and always talk to someone to make the best choices for your family.

Here are 5 important things you need to know about public charge:

Number 1: The test does not apply to people who are already legal permanent residents — as long as they don’t leave the US for 6 consecutive months. 
Number 2: The rule does not apply to people who want to adjust from legal permanent resident to citizens. 
Number 3: It never applies to US citizen children. A US citizen child’s use of benefits is never counted against their parent no matter the parent’s immigration status. Please do not disenroll or cancel your US citizen children from Medicaid or Food Stamps without talking to someone first. 
Number 4: There are important exceptions to the public charge rule, for example, pregnant women may receive Medicaid during their pregnancies and up to 60 days after delivery and this will not be counted against them when they try to become legal permanent residents. The same goes for Medicaid use by children under 21 years of age who want to become legal permanent residents. 
Many categories of immigrants are exempt from the rule like T and U Visa holders, as are VAWA beneficiaries, and many other statuses. 
Number 5: Many government benefits are not included in the public charge rule like school breakfast and lunch, WIC, CHIP, unemployment benefits and many more. 

This is why it is very important that you talk with someone about the rule change before you make any decisions about canceling your benefits or your children’s benefits. 

Please call 505-255-2840 with any questions. Watch the video in English and Spanish. Get the handout in English or Spanish.

Groups sue MVD for denying non-REAL ID licenses & ID cards to eligible New Mexicans

SANTA FE, NM – Today, civil rights groups and homeless advocates filed a class action lawsuit against the New Mexico Taxation and Revenue Department (TRD) and the Motor Vehicles Division (MVD) on behalf of New Mexicans who were illegally denied Driver’s Authorizations Cards (DACs) and non-REAL ID identification cards, charging that the state has failed to fully and correctly implement its two-tiered driver’s license law.

The requirement of unnecessary documentation for DAC’s and non-federally compliant ID cards has caused chaos at local MVDs and major confusion and frustration for applicants across New Mexico. The lawsuit challenges MVD’s onerous and illegal regulations governing the issuance of non-REAL ID licenses and identification cards, including the illegal practices of requiring proof of identification number and not providing adequate due process to applicants who are denied.

The lead plaintiff, Santa Fe’s former Mayor David Coss, was denied a DAC four times at his local MVD because he lost his social security card, which is not a requirement under the law.  Coss, whose long-held driver’s license has since expired, was also not provided an adequate process to appeal the denial.

“A driver’s license and ID card are not luxuries,” said Coss at Monday’s press conference. “I’m the primary childcare provider to my toddler grandchildren, and I drive them around town. I’m also the guardian of my 86-year-old father who suffered a stroke last year. I need my license to carry out my daily responsibilities. I followed the law and took my paperwork into MVD before my license expired but was turned away every time. I know I’m not the only New Mexican dealing with this nightmare.”

Individual plaintiffs denied licenses and ID cards are joined by organizational plaintiffs, New Mexico Coalition to End Homelessness, and Somos Un Pueblo Unido (Somos) in the lawsuit. David Urias of Freedman Boyd Hollander Goldberg Urias & Ward, P.A. is the lead counsel on the legal team that includes attorneys from Somos, ACLU-NM, and the New Mexico Center on Law and Poverty.

The plaintiffs include senior citizen, immigrant, and homeless individuals who need a license or ID to go to work or school, obtain housing, medical care or other necessities, but were illegally denied an MVD credential without written notice detailing the reasons for the denial or information about how to appeal it.

“It is quite common for people to lose their ID and other paperwork when they become homeless,” said Hank Hughes, executive director of New Mexico Coalition to End Homelessness. “Getting a new ID is essential for them as they get back on their feet. You cannot rent an apartment or even a motel room without an ID. We are asking MVD to follow the law and make it possible for people to replace lost or stolen IDs quickly.”

In 2016, Republican and Democratic legislators came together and created a two-tiered driver’s license system that gives New Mexicans the choice to opt in or out of the federal REAL ID Act. According to the law, the state must provide a REAL ID-compliant license or ID card to eligible residents who want it and can meet the federal government’s onerous requirements. An alternative non-REAL ID license or ID card for otherwise eligible applicants who do not meet the federal requirements or simply do not want a REAL ID, must also be made available.

“REAL ID was always a bad idea,” said Peter Simonson, executive director of ACLU-NM.  “The spirit of the 2016 bipartisan fix is not being honored. The Legislature understood just how difficult getting a REAL ID license would be for many New Mexicans. That is why legislators worked hard to ensure people had an alternative, especially vulnerable New Mexicans like people experiencing homelessness, Native Americans, undocumented immigrants, senior citizens and people living in in rural communities.”

“After a protracted six-year battle on driver’s licenses, the New Mexico Legislature voted to create an alternative to the REAL ID Act for all New Mexicans, not just immigrants,” said Marcela Díaz, executive director of Somos Un Pueblo Unido. “For over a year, we worked with allied groups throughout the state to educate the public about its rights and advocate for a better process at MVD. Everyone has done their job except this administration. Our goal with this lawsuit is to help resolve these issues quickly for all New Mexicans.”

“An identification card is a basic necessity to function in everyday life, but the MVD is illegally requiring unnecessary and overly burdensome documentation that most folks simply cannot come up with. The harm caused by the illegal requirements is compounded by the MVD’s failure to provide a way for New Mexicans to challenge an erroneous denial of driver’s license or ID card.” said Sovereign Hager, supervising attorney at the New Mexico Center on Law and Poverty. “The MVD should follow the law rather than wrecking the lives of people who need an ID to drive, support their families, and find housing.”

The defendants in the lawsuit are the TRD, acting Cabinet Secretary John Monforte, MVD, and acting director Alicia Ortiz.

Click here to view a copy of the complaint: http://nmpovertylaw.org/coss-v-monforte-january-2018/

Click here to view plaintif profiles: http://nmpovertylaw.org/plaintiff-stories-coss-v-manforte-lawsuit/