Bonamici Advocates for Oregon’s Immigrant Business Owners

WASHINGTON, DC [08/19/2020] – Today Congresswoman Suzanne Bonamici called on U.S. Citizenship and Immigration Services (USCIS) to immediately provide information for immigrant business owners and entrepreneurs to stay afloat amid the coronavirus pandemic.

Numerous federal, state, and local relief programs have been created to support businesses and communities responding to hardship caused by COVID-19, but many immigrant business owners and entrepreneurs are apprehensive about participating in these programs amid ongoing litigation and confusion at USCIS regarding the criteria used to determine whether someone is likely to become a public charge.

"At this moment, there are immigrant members of our community doing everything they can to provide for their families, keep them healthy and safe, and contribute to society by creating economic activity and opportunities for employment," Congresswoman Suzanne Bonamici said. "There is ongoing litigation about this issue, but it will likely take months to resolve. These hardworking Oregonians need clarity today from USCIS so they can access the resources they desperately need. They should be able to save their businesses without fear of immigration action that would harm them and their families."

Bonamici noted that receiving disaster assistance is not typically a negative factor in a public charge assessment, and that USCIS has previously clarified that any testing or treatment for COVID-19 will similarly not be a factor for public charge determinations. On behalf of immigrant business owners she called for significantly improved communication from USCIS, which they need quickly because the City of Hillsboro and others will soon be awarding additional small business grants with funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

"As we create economic relief opportunities for many affected by the pandemic we must think about our undocumented and immigrant communities who are already disproportionately affected by the pandemic," said Hillsboro Chamber of Commerce President Deanna Palm and Latinx Business Outreach Director Nansi Lopez. "The undocumented and immigrant business community is faced with a challenge of choosing to live in crisis or forced closure to avoid any negative impact on their pathway to citizenship—the American Dream. These vulnerable communities need to be supported in an equitable manner as they too are a part of our communities. They are the bedrock of our local, state and nationwide economy. Bold, intentional and purposeful action is needed to support our most vulnerable and marginalized communities during these unprecedented times. We urge USCIS to respond to the impact or implications of Public Charge for those accessing funds through the CARES Act."

"In the midst of the COVID-19 crisis, the deeply harmful public charge rule is leaving many immigrants afraid to access programs and services that they and their families need and are eligible for," said Olivia Golden, executive director of the Center for Law and Social Policy (CLASP). "The Center for Law and Social Policy endorses Rep. Bonamici's request to USCIS for explicit communication on public charge. USCIS should stop weaponizing fear and make sure that everyone knows that that only a limited set of programs can be counted toward the public charge determination."

The full text of the letter can be found here and below.

Kenneth T. Cuccinelli

Senior Official Performing Duties of the Director

U.S. Citizenship and Immigration Services

20 Massachusetts Ave, NW Washington, DC 20001

Dear Mr. Cuccinelli,

I write on behalf of immigrant constituents, particularly business owners and entrepreneurs, in Oregon's First Congressional District to urgently request that U.S. Citizenship and Immigration Services (USCIS) issue communications to help community members understand what specific programs or benefits can factor in a public charge determination. 

In response to the COVID-19 pandemic, federal, state, and local programs have been created to support members of our community, including immigrants, who are struggling with the dire economic downturn and even greater long-term uncertainty. A number of these programs aim to provide support and relief to small business owners as they navigate the unprecedented hardship that the ongoing COVID-19 pandemic has inflicted on their businesses. Receiving disaster assistance is not typically a negative factor in a public charge assessment. However, in light of ongoing litigation and confusion over USCIS policies, community members who are immigrants are understandably confused and apprehensive. Similarly, under the final rule issued by the agency, only cash assistance programs for income maintenance are considered a negative factor, not for businesses, but the current environment is creating confusion that must addressed. These eligible community members are forgoing community assistance that could help their businesses retain jobs and sustain local economies in fear of USCIS actions that could harm them or tear apart their families.

Many local programs that provide financial support to individuals, families, and businesses are backed fully or in part by federal funding streams, compounding the lack of clarity. For example, the City of Hillsboro will soon be awarding a third round of small business grants that draw on Washington County, Oregon's distribution of funds made available through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136).

Yet USCIS has allowed a cloud of confusion to stop relief from reaching eligible business owners. There remains a need for explicit communication of exactly what public funding, if any, provided via the CARES Act and other relief efforts at the federal, state, or local level would be considered in a public charge determination. USCIS has announced that it will not consider any testing or treatment for COVID-19 as part of the public charge inadmissibility determination, but no such information has been made for many other public services or assistance programs that pose a great benefit to the wider community.

At this moment, there are immigrant members of our community doing everything they can to provide for their families, keep them healthy and safe, and contribute to society by creating economic activity and opportunities for employment. Despite ongoing litigation that will likely take months to resolve, they need clarity today from USCIS so that they can access badly needed resources that they are eligible to receive without fear of inadvertently triggering immigration action that would harm them and their families. I respectfully request that USCIS immediately issue clear communication to assist those navigating the landscape of public services, supports, and benefits to clarify whether and how participating in these programs will or will not factor in a public charge determination.

Because this is an urgent issue that is affecting families and small businesses, please respond to this letter by publicly issuing updated communication as soon as possible and no later than August 28, 2020.

Sincerely,