EL PASO, TEXAS — The Protecting Immigrant Families coalition (PIF) released a comment submitted today under the federal Administrative Procedure Act by 372 organizations in opposition to guidance by the United States Department of Health and Human Services (HHS) restricting health care and social services access for people in immigrant families. Signatories include the Asian & Pacific Islander American Health Forum, Association of Asian Pacific Community Health Organizations, Big Cities Health Coalition, Children’s Defense Fund, Community Catalyst, Families USA, National Coalition for Latinxs with Disabilities, National Health Law Program, National Immigration Law Center, Protect Our Care, Treatment Action Group, and UnidosUS.
The unified opposition of hundreds of organizations across dozens of states sends a clear message to HHS – this policy is bad for our nation’s health and wellbeing,” said PIF director Adriana Cadena. “Immigrant families account for 27% of the U.S. population, and you can’t deny basic care and help to that many people without doing real harm to the nation as a whole.”
As detailed by the letter, the HHS guidance reinterprets a 30-year-old law to deny noncitizens who are not “qualified immigrants” access to a wide range of HHS safety net programs. Services denied include care at community health centers and substance abuse and mental health providers, early learning opportunities through Head Start, child abuse and prevention services, and other social services.
The people denied access to services under this interpretation are lawfully present immigrants. Examples include but are not limited to sexual assault and domestic violence survivors with special “U” visas, child abuse survivors with “Special Immigrant Juvenile” status, and people with Temporary Protected Status who’ve fled war, natural disaster, or other emergency.
The letter cautions that the change is expected to result in the loss of services for lawfully present immigrants and U.S. citizens who remain eligible under the new interpretation. Some will be unable to prove their eligibility, while others will be deterred from seeking services. “Many lawfully residing immigrants will be denied access to services under this guidance,” the letter warns.
While it changes eligibility based on immigration status, HHS’ notice does not offer direction on how government agencies and nonprofits delivering care and aid through federally funded safety net programs are to evaluate eligibility under the new policy. “The result is likely to be confusion, constantly changing policies, and inconsistent implementation,” the letter warns.
HHS also made the guidance effective immediately, despite the fact that the prior interpretation had been in place for 27 years. The letter cautions that instantaneous implementation of a change of this magnitude compounds the harm to both immigrant families and the nonprofit and government agencies providing services. And while the agency invited public comments on the change, it did not delay implementation to permit for consideration of those comments. The letter asks HHS to suspend implementation pending a careful review of public input.
“HHS’ haste in implementing this guidance is unjustifiable and makes a mockery of the public notice and comment process,” the letter reads.
