On Tuesday, August 7, 2018, information leaked pertaining to the Trump Administration’s intentions to issue a proposal that would significantly decrease the number of legal immigrants who have previously used a range of public welfare programs from obtaining legal status in the US.
If passed, the proposal would make it harder for legal immigrants to become citizens or obtain green cards if they have used, or whose household members have ever used: Obamacare subsidies, children’s health insurance (CHIP), food stamps, and other government welfare programs.
The proposal is possible due to a long-standing law that allows authorities to reject immigrants who USCIS deems to be or likely to become a “public charge.” The USCIS currently defines a public charge as “an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.” Currently, to be classified as a “public charge” one must arrive to the US without funds and be judged unemployable. The proposal is part of White House advisor, Stephen Miller’s agenda to limit legal immigration and would not need congressional support. While the proposal doesn’t explicitly prohibit immigrants from receiving government sponsored welfare, it will potentially penalize them, inhibiting them from obtaining permanent residency or citizenship in the future even if the programs were used by a family member. Furthermore, it gives more discretion to agents reviewing cases to count the use of these programs against an applicant and gives the agent the authority to deny a visa on these grounds.
The proposed change attempts to amend the definition of what constitutes a public charge and expand the definition to include healthcare related programs such as Obamacare and children’s health insurance (CHIP). If passed, this would be the largest change to the legal immigration system in over two decades, having a direct impact on over 20 million immigrants. In its statement to NBC News, The Department of Homeland Security claims that the Trump administration’s proposal, “is committed to enforcing existing immigration law, which is clearly intended to protect the American taxpayer by ensuring that foreign nationals seeking to enter or remain in the US are self-sufficient.” This statement comes after a wave of studies evidencing a stagnation in immigration and a decrease in immigrants seeking government public welfare. A study from the Cato Institute found that immigrants use 39% fewer public welfare benefits than U.S. citizens. Additionally, the International Journal of Heath Services found that immigrants’ health care expenditures were half and two-thirds of US-born citizens. Furthermore, the study found that immigrants made larger out of pocket health care payments compared to US citizens.
Despite the current facts and statistics, the present administration continues to push forward on its agenda to limit the issuance of green cards and the number of immigrants who become citizens. According to the USCIS there is expected to be a 20% decrease in immigrants who are granted green cards in the fiscal year of 2018 and a 10% decrease in the number of naturalized citizens.
It is important to note that while the policy proposal has not yet been enacted, it will not need congressional support and could be implemented as soon as next year. As such, we strongly recommend that if you are considering applying for permanent residency or naturalization within the next year that you seek legal counsel to review the specific details of your case. You can contact The Margolis Law Firm at (212) 490-0900 to schedule a consultation.
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