April 6, 2020 – U.S. Senators Kamala D. Harris (D-CA) and Mazie K. Hirono (D-HI) and Representatives Judy Chu (D-CA), Raul Grijalva (D-AZ), and Lou Correa (D-CA) unveiled new legislation to ensure that everyone in our country – especially vulnerable communities – can access health care and other critical resources during the coronavirus pandemic.

The Coronavirus Immigrant Families Protection Act would, among other provisions, help ensure that all communities are able to access COVID-19 testing and treatment, and other relief services provided in coronavirus relief legislation. It would provide dedicated funding for the Centers for Disease Control and Prevention to conduct public outreach in multiple languages to hard-to-reach populations to ensure that vulnerable communities have access to COVID-19 relief measures and critical public health information.

The bill would also temporarily modify immigration policies that deter immigrants from receiving the medical care they need throughout the coronavirus pandemic, such as the public charge rule. This rule has had a widespread chilling effect in discouraging even those not subject to the rule from seeking health care and other critical services due to confusion and fear about the rule’s impact.

“This virus impacts everyone – it does not care about your race, your ethnicity, your gender, your age, or your immigration status,” Senator Harris said. “The Coronavirus Immigrant Families Protection Act would allow immigrants to have meaningful access to the vital resources they need during this crisis regardless of immigration status. No one should fear going to the grocery store or receiving care from the hospital.”

“The coronavirus does not discriminate based on immigration status, socio-economic status, or English-language proficiency, and neither should programs established to provide relief for people suffering during the pandemic,” Senator Hirono said. “In the face of an unprecedented public health and economic crisis, we must all come together to ensure that everyone in our communities, particularly the most vulnerable among us, have the support they need. That is how we are going to get through this pandemic. Together.”  

“As coronavirus has upended all our lives, we in Congress have rushed to provide the necessary relief to help our whole economy survive this crisis. But you cannot do that by excluding entire segments of the population. This virus does not care about immigration status. It does not discriminate and neither should we. Immigrants own businesses and homes, support families, and pay rent, and contribute to their communities. And most importantly, immigrants have the same healthcare needs we all do, but face restrictions or adverse actions if they access healthcare,” Representative Chu said. “That is simply wrong, especially during a pandemic. All immigrants should have access to healthcare, receive the same benefit we are sending to everyone else, and have the ability to work so they can stay healthy, afford food, and pay rent. That is why we have introduced this bill today to correct the gaps in previous legislation, and ensure everybody has an equal opportunity to survive this crisis.”

“Immigrant workers are working in many of the essential jobs keeping our communities and the economy running during this uncertain time,” Representative Grijalva said. “COVID-19 does not care about your immigration status, so neither should our response. This legislation prohibits discrimination when accessing COVID-19 relief programs and focuses on getting important economic assistance to all families—regardless of their immigration status—while expanding the nation’s ability to control the virus and recover economically.”

“I was appalled to learn hardworking, taxpaying immigrants were left out of the $2 trillion CARES Act. These taxpayers work in critical sectors of our economy, like agriculture, and contribute greatly to our country. While many of us sit at home, these hardworking immigrants are still at work in our hospitals, our fields, and countless other industries,” Representative Lou Correa said. “The coronavirus doesn’t care about a person’s wealth, job, or immigration status. By casing out immigrants, we are placing some of our most vulnerable residents in grave danger. Every individual taxpayer, irrespective of citizenship status, needs government assistance now.”

Senators Cory Booker (D-NJ), Ed Markey (D-MA), Kirsten Gillibrand (D-NY), Elizabeth Warren (D-MA), Bernie Sanders (I-VT), Ron Wyden (D-OR), Richard Blumenthal (D-CT), and Jeff Merkley (D-OR) co-sponsored the legislation.

A broad coalition of organizations support the Coronavirus Immigrant Families Protection Act, includingthe Center for Law and Social Policy (CLASP), National Immigration Law Center (NILC), National Immigrant Justice Center (NIJC), Asian & Pacific Islander American Health Forum (APIAHF), Tahirih Justice Center, United We Dream (UWD), Center for American Progress, Coalition for Humane Immigrant Rights (CHIRLA), Asian Americans Advancing Justice | AAJC, Casa de Esperanza, Esperanza Immigrant Rights Project, CCLA Inc., California Immigrant Policy Center, National Council of Asian Pacific Americans (NCAPA), Japanese American Citizens League, Asian Pacific American Labor Alliance, AFL-CIO, National Latina Institute for Reproductive Justice, National Asian Pacific American Women’s Forum (NAPAWF), Immigrant Legal Resource Center, Southeast Asia Resource Action Center, OCA – Asian Pacific American Advocates, and Central American Resource Center (CARECEN-LA).

Congress has acted swiftly to provide significant additional resources for coronavirus-related testing, medical care, and other services. But reports indicate that fear and confusion is deterring immigrants from seeking the medical care for the coronavirus in light of continuing immigration enforcement actions and the public charge rule. This chilling effect continues despite USCIS’s announcement that obtaining coronavirus testing or treatment will not count as a penalty under the public charge rule. Congress also provided urgently-needed cash relief for lower-income Americans, but did not include immigrant taxpayers who file taxes with an Individual Taxpayer Identification Number (ITIN). In 2015, 4.35 million people paid over $13.7 billion in net taxes using an ITIN, according to the American Immigration Council.

To help ensure that these critical services and resources are available to all Americans, the Coronavirus Immigrant Families Protection Act would, among other things:

  • Modify immigration policies that would deter immigrants from seeking health services for the duration of the coronavirus emergency and for 60 days after the emergency ends, including suspending the public charge rules, in-person ICE checks, the immigration detention and deportation of survivors of domestic violence, sexual assault, and human trafficking who have pending immigration applications; and suspending immigration enforcement actions at or in transit to/from sensitive locations, such as hospitals, courthouses, domestic violence shelters, and other sensitive locations.
  • Ensure that everyone has access to COVID-19 testing, treatment, and vaccines by providing Medicaid coverage of COVID-19-related services to everyone, regardless of immigration status; and prohibiting discrimination in any program funded by a coronavirus relief bill based on actual or perceived immigration status.
  • Provide $100 million for the Centers for Disease Control and Prevention (CDC) to provide language access and public outreach on coronavirus preparedness, response, and recovery to hard-to-reach populations—including minorities, those with limited English proficiency, and those with disabilities.
  • Ensure access to COVID relief measures for vulnerable communities by allowing immigrant taxpayers to access cash relief benefits with an individual tax identification number (ITIN); and automatically extending expiring work authorization for immigrants during the coronavirus emergency for the same time period as was previously authorized.