02.09.2018•9:18 AM
The Trump administration, known for its crusade against illegal immigration, is now moving to restrict legal immigration, too.
The
Department of Homeland Security is considering a process that would
take into account whether legal immigrants or their American-born
children rely on certain public benefits. DHS has already drafted new
rules, according to Reuters,
"that would allow immigration officers to scrutinize a potential
immigrant’s use of certain taxpayer-funded public benefits to determine
if they could become a public burden." Under the proposed new rules,
legal immigrants could be ordered deported for using a wide variety of
benefits. Some of these benefits outlined in the new rules are
government pre-school programs like Head Start, food assistance
programs, or subsidies for health insurance premiums or utility bills.
Since
1999, authorities were barred from weighing non-cash benefits when
determining an immigrant's eligibility to come to the United States or
stay here, but the proposed rules seek to abandon those measures. And
while immigration law already
requires the exclusion of someone from permanent residence in the U.S.
if they are likely to become a "public charge," since 1999 a "public
charge" is attributed to someone "primarily dependent on the government
for subsistence." This means direct cash assistance or long-term
government-funded care, not non-cash benefits like public education.
"Non-citizens
who receive public benefits are not self-sufficient and are relying on
the U.S. government and state and local entities for resources instead
of their families, sponsors or private organizations," the document
states."An alien’s receipt of public benefits comes at taxpayer expense
and availability of public benefits may provide an incentive for aliens
to immigrate to the United States."
Under
the new draft rules, if a person depends on "any government assistance
in the form of cash, checks or other forms of money transfers, or
instrument and non-cash government assistance in the form of aid,
services, or other relief," the document says, they could be treated as a
"public charge."
Health
insurance subsidiaries outlined in the Affordable Care Act, the
Supplemental Nutrition Assistance Program (SNAP), the Children's Health
Insurance Program (CHIP), WIC, the food program for pregnant women,
nursing women and their children, vouchers for transportation and
housing, Head Start, the early education program for low-income
children, and subsidies to assist poor people with paying their heating
bills are some of the benefits highlighted for consideration in the new
draft rules, according to Reuters.
Permanent
residents applying for citizenship would not be affected, but the rules
would apply to family members of U.S. citizens, people who were
recruited to work by U.S. companies and in general, the vast population
of migrants living and working in the U.S.
The
potential move from the Trump administration comes as President Donald
Trump has expanded his target from illegal immigration to immigration
more generally. He's already encouraged the end to a visa lottery
program and chain migration, which is a process that can help keep
families together.
The
difference here, is for many of Trump's fiery and harsh-lined tweets
that he promises to turn into policy, to do so the proposals need
congressional support. But with DHS's draft rules, "several immigrant
advocates and current and former U.S. officials said the proposed rules
could advance the administration’s goals without changing U.S. law, by
effectively barring lower- and middle-income people from immigrating," Reuters reported.
This
could have devastating effects for immigrants in need of these services
(that they are entitled to) for fear of repercussions. Charles Wheeler,
director of training and legal support at Catholic Legal Immigration
Network, Inc., told Reuters, "It’s going to scare a lot of people into
yanking their children off of needed healthcare, school programs, child
nutrition programs, basic sorts of subsistence-level programs that have
kept the population healthy and employable."
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