Maryland Attorney General Joins Coalition to Oppose Expanded Data Collection on Noncitizens

Maryland Attorney General Anthony G. Brown has joined a coalition of attorneys general from across the nation in formally opposing proposed changes by the U.S. Department of Homeland Security (DHS) to the AR-11 Change of Address form for noncitizens. The revisions, put forth by U.S. Citizenship and Immigration Services (USCIS), would significantly expand the information collected from individuals, transforming a simple administrative form into a more complex data-gathering tool that may necessitate legal assistance.

The proposed changes, announced in May, aim to move beyond the form’s previous requirement for only basic physical address and biographic details. The revised form would now demand comprehensive disclosure of employment history, educational background, and utilization of public benefits. DHS has cited immigration law enforcement, including the enforcement of the “public charge” rule and the Personal Responsibility & Work Opportunity Reconciliation Act (PRWORA), as the primary reasons for this expanded data collection.

In a formal comment letter submitted in response, Attorney General Brown and the coalition argue that these proposed revisions are unlawful and ill-advised. They contend that the expanded information collection will create significant negative consequences for states. Specifically, the coalition anticipates that the new requirements will discourage eligible noncitizens from participating in vital public benefit programs, potentially affecting U.S. citizen children who reside in households with noncitizen parents. Furthermore, the states anticipate an increased administrative burden as a result of these changes.

The potential impact on Maryland families is a significant concern. According to available data, the state is home to approximately 70,000 individuals awaiting asylum decisions, 12,500 DACA recipients, nearly 50,000 refugees, and 27,000 individuals with Temporary Protected Status. The American Immigration Council reports that nearly half of all U.S. citizen children in Maryland live with at least one foreign-born parent, many of whom are seeking asylum. The expanded requirements on the AR-11 form could place a substantial burden on these families, with the risk of severe repercussions for even minor errors on the form.

Attorney General Brown outlined several key reasons why the proposed revisions and the expanded information collection are considered unlawful, improper, and ineffective. One central argument is that DHS did not adhere to the required notice-and-comment procedures mandated by the Administrative Procedure Act (APA) for enacting such significant revisions. Additionally, the coalition questions DHS’s authority to compel individuals to provide the extensive additional information now being sought, arguing that it far exceeds what is relevant for the stated purpose of making public charge determinations. The coalition also asserts that the stated purposes for the information collection are improper, noting that the proposal is unnecessary, overly burdensome, and inefficient in achieving its stated objectives. Moreover, some of the proposed purposes may fall outside the scope of DHS’s delegated authority or could violate federal privacy laws.

A significant concern raised by the coalition is the potential “chilling effect” on public benefit program participation. Many eligible noncitizens may choose to forgo or unenroll from essential services out of fear that their disclosures of public benefit use will be used for deportation purposes. This reluctance to access benefits could have serious repercussions for public health within the states, leading to increased reliance on state and locally funded alternatives, greater strain on safety net providers, a rise in uncompensated emergency room care, reduced access to critical medical and nutritional support, and ultimately, increased administrative costs for state governments.

Joining Maryland Attorney General Brown in filing this comment letter were the attorneys general of California, the District of Columbia, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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