Public Comments

USCIS Fee Waiver Eligibility

July 3, 2019

The Michigan Immigrant Rights center (MIRC) opposed the proposed rule that states that USCIS intended to eliminate receipt of a public benefit as a basis for requesting the fee waiver, and alter the Form I-912 accordingly, but would continue to allow eligibility based on financial hardship or income of 150% or less of the poverty income guidelines, although with severely narrowed permissible documentation of income. The agency stated that since different income levels were used in different states to determine means-tested benefits, using that standard has resulted in inconsistent adjudications. No documentation, analysis, or further rationale was offered. The notice stated that USCIS would mandate all fee waiver requests be submitted using Form I-912. The notice also stated that if USCIS finalized this change, it would eliminate the current USCIS Fee Waiver Guidance and replace it.

Proposed HUD rule re: mixed status

July 1, 2019

The Michigan Immigrant Rights Center (MIRC) opposes this proposed rule that would make two changes to HUD's regulations implementing section 214 of the Housing and Community Development Act of 1980, as amended (Section 214). Section 214 prohibits the Secretary of HUD from making financial assistance available to persons other than United States citizens or certain categories of eligible noncitizens in HUD's public and specified assisted housing programs. The proposed rule would require the verification of the eligible immigration status of all recipients of assistance under a covered program who are under the age of 62. As a result, the proposed rule would make prorated assistance a temporary condition pending verification of eligible status, as opposed to under the current regulation where it could continue indefinitely. The proposed rule would also specify that individuals who are not in eligible immigration status may not serve as the leaseholder, even as part of a mixed family whose assistance is prorated based on the percentage of members with eligible status. HUD believes the amendments will bring its regulations into greater alignment with the wording and purpose of Section 214.

Joint-Employment FLSA proposed rule changes

June 25, 2019

The Michigan Immigrant Rights Center (MIRC) opposes the proposed regulations that would attempt to drastically limit the scope of employment under the Fair Labor Standards Act(FLSA), in opposition to the Act’s purposes, statutory requirements, and decades of judicial precedent. The DOL’s proposed rule ignores a statutory definition, Supreme Court authority, and decades of Federal Circuit Court precedent with a test that would encompass almost no subcontracting companies or farm labor contractors, and would especially hurt those low-wage workers who need the protections of the FLSA the most: those who are placed in jobs via temp or staffing agencies, and those, including children, who work in heavily contracted agricultural, janitorial, construction, manufacturing, and warehousing jobs."