Office of the
Illinois Attorney General
Kwame Raoul

Chicago – Attorney General Kwame Raoul joined a multistate coalition of 21 attorneys general in opposing the U.S. Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) proposed revisions to the AR-11 ‘Change of Address’ form, which would transform a straightforward, longstanding and 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 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, a law that restricts the eligibility for certain public benefits.

“The administration’s attempt to turn a standard, administrative requirement into a substantive regulation to initiate deportation proceedings is unlawful,” Raoul said. “I join my fellow attorneys general in calling on DHS to abandon this ill-conceived proposal.”

In their comment letter, Attorney General Raoul and the coalition strenuously object to and request 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. Raoul and the coalition also highlight that these changes will negatively impact their states by deterring participation in public benefit programs and increasing the states’ administrative burdens.

Raoul and the coalition argue that the proposed revisions and information collection are unlawful, improper and ineffective because:

• 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 the burden on safety net providers, increase uncompensated emergency room care, reduce access to medical care and nutritional support, and increase administrative costs.

Joining Raoul in submitting the comment letter are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia and Washington.