Attorney General Bonta Opposes Onerous New Information Collection Requirements for Noncitizens

OAKLAND — California Attorney General Rob Bonta yesterday joined a multistate coalition in opposing the U.S. Department of Homeland Security’s (DHS) United States Citizenship and Immigration Services (USCIS) proposed revisions to the AR-11 ‘Change of Address’ form, which would transform a straightforward, longstanding, limited administrative form into an onerous and expansive information collection exercise likely to require assistance from an immigration practitioner. In May, DHS proposed to significantly revise the form, which previously only required an individual’s physical address and basic biographic information such as name, date of birth, and registration number, to now require the detailed disclosure of employment, education, and public benefit use information. The stated purposes for this information collection are vague, with DHS citing the enforcement of immigration laws, including the public charge ground for deportation rule, and the enforcement of the Personal Responsibility & Work Opportunity Reconciliation Act (PRWORA), a law that restricts the eligibility for certain public benefits. In the comment letter, Attorney General Bonta strenuously objects to and requests the withdrawal of the proposal to change the AR-11 form because the proposed revisions and the stated purposes of the information collection are unlawful and inappropriate, and these changes will negatively impact the states by deterring participation in public benefit programs and increasing the states’ administrative burdens.

“Historically, the AR-11 form has served a straightforward practical purpose, ensuring that noncitizens update their residential address when they move, so that they can be contacted as needed. Now, the Trump Administration is attempting to drastically change this simple, routine form into an unauthorized immigration enforcement tool for its mass deportation agenda,” said Attorney General Bonta. “These drastic and unnecessary changes risk deterring eligible individuals from complying with the process and will chill access to essential public benefits. California remains committed to standing up for our immigrant communities and their lawful access of certain medical, nutrition, and housing support.”

In the comment letter, Attorney General Bonta argues that the proposed revisions and information collection are unlawful, improper, and ineffective for these reasons:

• DHS did not follow the required notice-and-comment procedure under the Administrative Procedure Act to enact the proposed revisions.
• DHS does not have authority to compel individuals to provide the additional information it envisions collecting.
• DHS seeks information that is far broader than what is relevant for its stated purpose of making public charge determinations.
• The stated purposes for the information collection are improper as the proposal is unnecessary, overly burdensome, and inefficient at achieving those objectives and include purposes that are not properly delegated to DHS or violate federal privacy laws.
• Many eligible noncitizens will forego or unenroll from public benefits because of fear that DHS will try to use the disclosure of public benefit use information to deport them, severely harming public health in the states. These chilling effects will increase stress on state and locally funded alternatives, increase burden on safety net providers, increase uncompensated emergency room care, reduce access to medical care and nutritional support, and increase administrative costs.

The comment letter was co-led by Attorney General Bonta and the attorneys general of New York and the District of Columbia. They were joined by the attorneys general of Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, and Washington.