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New Laws & Pandemic Create New Questions for Immigrants

New laws that directly apply to immigrants in Virginia took effect Wednesday.

But many are unsure about their rights under the changes and how using COVID-19 relief programs can impact their legal standing.

Legal Aid Justice Center attorney Nicholas Marritz applauded the state’s new whistleblower law for protecting employees from retaliation for things like reporting suspected workplaces violations. He explains that immigrants legally authorized to work can exercise this right without fear.   "But if they don’t have work authorization, there’s very, in practice, little that they can do," he warned.

Meanwhile, as COVID-19 relief options continue to come online, Marritz’s colleagues have been fielding a stream of questions from those who fear that using services will trigger a federal public charge rule and jeopardize their residential status. 

"Basically very little counts towards public charge," notes Simon Sandoval-Moshenberg. Sandoval-Moshenberg directs the organization’s Immigrant Advocacy Program.   And the immigrant community’s fear is far greater than the legal impact, he says.

Medical services like COVID-19 testing are exempt, he explains, as are resources like unemployment insurance and pandemic EBT. But it’s less clear whether or not payments made through the state’s new rental assistance program will apply. Sandoval-Moshenberg thinks there’s a good chance they won’t.  "Those payments are not made to the tenant," Sandoval-Moshenberg explains. "The tenant is not being given a check and then told, ‘Go pay your rent.’"

One thing that does count against the public charge rule, he says, is an eviction.

This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.