New Jersey-2022-SCR74-Introduced

Sponsored by:

Senator M. TERESA RUIZ

District 29 (Essex)

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 introduced.

A Concurrent Resolution condemning the United States Department of Homeland Security's proposed regulations that would allow the consideration of credit reports and scores in immigration decisions.

Whereas, On October 10, 2018, the United States Department of Homeland Security proposed a new rule amending the regulations issued pursuant to section 212(a)(4) of the "Immigration and Nationality Act" to allow the consideration of 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 Senate of the State of New Jersey (the General Assembly concurring):

1. The Legislature condemns the U.S. Department of Homeland Security's proposed rule amending the regulations issued pursuant to section 212(a)(4) of the "Immigration and Nationality Act" to allow the consideration of 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.

STATEMENT

This concurrent resolution condemns the United States Department of Homeland Security's proposed rule amending the regulations issued pursuant to the "Immigration and Nationality Act" to allow the consideration of credit reports and scores in immigration decisions. 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.

The use of credit reports and scores in immigration decisions is inappropriate because 1) credit reports are only available in English and contain no information about an individual's income or earnings, and 2) many immigrants have not been in the United States long enough to develop extensive credit histories.