Trump administration renews 'public burden' rule - ForumDaily
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Trump administration renews 'public burden' rule

On Tuesday, September 22nd, the Trump administration said it is re-introducing a welfare test to obtain a green card, which was blocked during the pandemic. CBS News.

Photo: Shutterstock

A 2019 rule that gives officials more authority to deny issuing green cards to applicants who the government believes rely or may rely on government benefits such as food stamps or housing vouchers was blocked in late July by a federal judge who found that it is hampering efforts to contain the pandemic.

Judge George Daniels has blocked the implementation of the policy during the country's coronavirus emergency. He referred to statements from doctors and local officials who said that immigrants across the country fear they could jeopardize their immigration status by seeking medical and government assistance during the pandemic.

But subsequent rulings by the 2nd Circuit Court of Appeals, including one issued earlier this month, limited and ultimately stayed Daniels' decision, allowing the Trump administration to implement public charge tests again.

On the subject: List of benefits and allowances for which an immigrant may be recognized as a 'social burden'

The updated manual on their website US Citizenship and Immigration Services (USCIS) said it will apply the public charge test to all future and pending green card applications filed after February 24, 2020. Applications filed after Daniels' injunction in July that were approved will not be reconsidered, USCIS said.

The "public charge" standard was first incorporated into U.S. law in the early 1880s, when the government began to restrict and regulate immigration at the federal level, including by barring the entry of Chinese immigrants on the grounds that they were a "menace to the good order" of some American citizens. communities The term “public charge” essentially means an economic burden on a country.

While the test has been used for decades to deny entry to certain low-income immigrants and, in some cases, deport them, its definition was expanded by a 2019 Trump administration rule. The new rule replaces Clinton-era guidance that directed officials to consider immigrants a “public charge” only if they receive government cash benefits or long-term institutional care.

The 2019 rule expanded the type and amount of benefits that count toward the “public charge” test for immigrants seeking to remain or move to the United States. The rule requires immigration officials to consider immigrants' eligibility for the Supplemental Nutrition Assistance Program (SNAP), certain federally funded Medicaid benefits, and various federally subsidized housing benefits, including Section 8 vouchers.

On the subject: Trump premium: which states will add $ 300 to unemployment benefits

Advocates have sharply criticized the policy, pointing to the "chilling effect" it has had on immigrant families fearful of the consequences of accessing government benefits. These families include, among other things, green card holders and US citizens who do not receive benefits. However, the Trump administration argues that such policies promote self-sufficiency among immigrants.

“The expectation that legal immigrants who intend to stay here long term stand on their own two feet is not just a long-standing tradition, but a long-standing legal requirement,” said Ken Cuccinelli, head of the US Department of Homeland Security. “I can refer to the history of my Italian family about people who were sponsors and made sure that their sponsors had jobs and so on. This is what we expect."

Read also on ForumDaily:

Immigrants receive more from the welfare fund than they contribute: research

Court lifts blocking of 'public burden' rule in US, but not in all states

'The Last Nail in the Coffin': How USCIS Financial Problems Destroy US Immigration

Crisis and Immigrants: Does Unemployment Benefit Affect Green Card and US Citizenship

Miscellanea In the U.S. Trump administration public burden
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