USCIS through the courts seeks the right to prevent low-income immigrants from entering the USA - ForumDaily
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USCIS through the courts seeks the right to prevent low-income immigrants from entering the USA

U.S. Citizenship and Immigration Services (USCIS) achieved court victories in the Ninth Circuit Court of Appeals in early December and the Fourth Circuit on Monday, December 9, in a case overturning the ban on the “public charge” rule. This is stated on the official website Citizenship and Immigration Services (USCIS).

Фото: Depositphotos

USCIS has done this in order not to violate injunctions and respect the legal authority vested in it by the Presidential Administration in the area of ​​law enforcement, and in particular the long-standing law on “public burden”.

“USCIS is encouraged by recent court decisions that are positive signs that implementation of the public charge rule is possible,” said USCIS Acting Deputy Director Kathy Nuebel Kovarik. “This rule enforces longstanding immigration law that has been in place since the 19th century and has not been changed by Congress for decades.”

According to the rule, a legal immigrant who uses benefits such as Medicaid, food stamps and housing assistance for more than 12 months for any 36 month period will be defined as a “social burden” and will jeopardize his or her ability to receive green card or become a US citizen.

On the subject: USCIS enacted a rule that would deprive hundreds of thousands of immigrants of the chance to stay in the US

On December 5, the US Court of Appeals for the Ninth Circuit granted the Department of Homeland Security's motion to repeal the preliminary injunctions of the "public burden" rule imposed by the US District Courts. On December 9, the U.S. Court of Appeals for the Fourth Circuit granted the Department of Homeland Security's motion to suspend a preliminary injunction against this rule.

The Department of Homeland Security is still bound by a national ruling in the case pending before the U.S. District Court.

The “public burden” rule prescribes how the Department of Homeland Security will determine whether it is possible to give a green card and citizenship to an immigrant based on the likelihood that he can become a “burden on society” at any time in the future.

As ForumDaily wrote earlier:

  • The rules, published in August, detail a wider range of reasons why immigrant may be refused a green card. Under the rule, legal immigrants who use Medicaid, food stamps, or other forms of government assistance may be left without a green card or citizenship.
  • US Citizenship and Immigration Services officers will now evaluate government assistance along with other factors, such as education, family income, and health, to determine whether legal immigrant status should be granted to a US immigrant.
  • About 20 states tried to block the new “social burden” rule The Trump administration, which makes it difficult for legal immigrants to obtain US citizenship, human rights groups warn that this rule will have a different effect: a negative impact on the US economy with potential losses of billions of dollars.

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