Bill Text: NJ ACR218 | 2018-2019 | Regular Session | Amended
Bill Title: Condemns US Department of Homeland Security's proposed regulations that would allow consideration of credit reports and scores in immigration decisions.*
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-11-18 - Reported out of Assembly Comm. with Amendments, 2nd Reading [ACR218 Detail]
Download: New_Jersey-2018-ACR218-Amended.html
ASSEMBLY CONCURRENT RESOLUTION No. 218
STATE OF NEW JERSEY
218th LEGISLATURE
INTRODUCED FEBRUARY 14, 2019
Sponsored by:
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
SYNOPSIS
Condemns US Department of Homeland Security's proposed regulations that would allow consideration of credit reports and scores in immigration decisions.
CURRENT VERSION OF TEXT
As reported by the Assembly Homeland Security and State Preparedness Committee on November 18, 2019, with amendments.
A Concurrent Resolution condemning the United States Department of Homeland Security's proposed 1[rule amending the "Immigration and Nationality Act" to consider] regulations that would allow the consideration of1 credit reports and scores in immigration decisions.
Whereas, On October 10, 2018, the United States Department of Homeland Security proposed a new rule amending 1the regulations issued pursuant to1 section 212(a)(4) of the "Immigration and Nationality Act" to 1[consider] allow the consideration of1 credit reports and scores in immigration decisions, specifically as a factor in determining the immigrant's likelihood of becoming a "public charge," meaning a person primarily dependent on government assistance for food, housing, or medical care; and
Whereas, The proposed rule perverts the original purpose of credit reports and scores, which were designed as tools for lenders to evaluate the probability that potential borrowers will repay their debts; and
Whereas, Credit reports contain no information about an individual's income or earnings and therefore are inapplicable to a determination of an immigrant's likelihood of becoming a public charge in the U.S.; and
Whereas, Because a significant factor in a credit score is the number of years an individual has had and used credit in the United States, using credit scores to determine immigration status is especially inappropriate given that many immigrants have not been in the United States long enough to develop extensive credit histories; and
Whereas, As credit reports are only available in English, the proposed rule would unjustly discriminate against immigrants who are not proficient or fluent in the English language; and
Whereas, The use of credit reports and scores in any context, let alone in immigration decisions, is problematic in light of a comprehensive 2012 study by the Federal Trade Commission finding that one in five American consumers had at least one error on their credit report; and
Whereas, It is fitting and proper that this House condemn any measure that bases immigration decisions on a metric that is irrelevant and potentially inaccurate; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. The Legislature condemns the U.S. Department of Homeland Security's proposed rule amending 1the regulations issued pursuant to1 section 212(a)(4) of the "Immigration and Nationality Act" to 1[consider] allow the consideration of1 credit reports and scores in immigration decisions.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the Secretary of Homeland Security.
