Washington, Aug 13
Donald Trumps administration has announced a rule that would allow the US to reject visas and permanent residency to people for being too poor.
The US government announced on Monday a regulation to reduce the number of legal immigrants who are allowed to enter and reside in the country, by facilitating the rejection of applications for green cards and residence permits, Efe news reported.
A person holding a permanent resident card or some types of visas obtained through legal means would be affected if they cannot financially support themselves without public assistance.
It would also determine the granting of a legal visa by changing the criteria of the Department of Homeland Security when interpreting whether a foreigner "is likely to become a public charge at any time".
The interim director of Citizenship and Immigration Services Ken Cuccinelli has defended the new rule.
"Our rule generally prevents aliens who are likely to become a public charge from coming to the United States or remaining here and getting a green card," he said at a press conference at the White House.
"Public charge is now defined in a way that ensures the law is meaningfully enforced and that those who are subject to it are self-sufficient."
US authorities would be able to determine if an immigrant has become a public charge for the administration, that is a person who depends mainly on public funds to subsist, and then cancel their legal immigration status.
"Through the public charge rule, President Trump's administration is reinforcing the ideals of self-sufficiency and personal responsibility," Cuccinelli said.
"Ensuring that immigrants are able to support themselves and become successful here in America."
He explained that, under this new rule, a legal immigrant will be defined as a public charge if they receive public benefits for more than 12 months in a 36-month period.
"Under the rule a public charge is now defined as an individual who receives one or more designated public benefits for more than 12 months in the aggregate within any 36 month period. For instance receipt of two different benefits in one month counts as two months," he added.
Public benefits include food assistance, housing assistance vouchers and programs that subsidize the cost of medicines.
Cucinnelli said that the measure would not affect refugees, asylum seekers, victims of domestic violence and trafficked people living in the US.
According to the government, the regulation will take effect from October 15.
It is expected that the new rule will face legal lawsuits in the coming days, so its final implementation could be delayed several months or even never occur.
Immigrant advocacy groups have argued that it would discriminate against immigrants from poorer countries, keep families apart and encourage legal residents to give up public assistance they might need to survive.
Organisations also said that the legislation would penalize immigrants with a work visa who need public assistance on a temporary basis.
In recent weeks, the Trump administration has also shown a strong hand against illegal immigration by ordering the arrest of 680 immigrants during a mass raid in six cities in the state of Mississippi.
Some political analysts have said that Trump's latest actions on immigration are aimed at growing his voter base before the next presidential elections in November 2020.
Trump's move to restrict legal immigration slammed
Washington, Aug 13
USCIS announces final rule enforcing
Public Charge Inadmissibility Law
Today, the U.S. Department of Homeland Security (DHS)
announced a final rule that clearly defines long-standing law to
better ensure that aliens seeking to enter and remain in the
This final rule amends DHS regulations by prescribing how
DHS will determine whether an alien is inadmissible to the
“For over a century, the public charge ground of
inadmissibility has been part of our nation’s immigration laws. President Trump
has delivered on his promise to the American people to enforce long-standing
immigration law by defining the public charge inadmissibility ground that has
been on the books for years,” said USCIS Acting Director Ken Cuccinelli.
“Throughout our history, self-sufficiency has been a core tenet of the American
dream. Self-reliance, industriousness, and perseverance laid the foundation of
our nation and have defined generations of hardworking immigrants seeking
opportunity in the
DHS has revised the definition of “public charge” to incorporate consideration of more kinds of public benefits received, which the Department believes will better ensure that applicants subject to the public charge inadmissibility ground are self-sufficient. The rule defines the term “public charge” to mean an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months).
The rule further defines the term “public benefit” to include any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.
The regulation also excludes from the public benefits definition: public benefits received by individuals who are serving in active duty or in the Ready Reserve component of the U.S. armed forces, and their spouses and children; public benefits received by certain international adoptees and children acquiring U.S. citizenship; Medicaid for aliens under 21 and pregnant women; Medicaid for school-based services (including services provided under the Individuals with Disabilities Education Act); and Medicaid benefits for emergency medical services.
This rule also makes certain nonimmigrant aliens in the
Importantly, this regulation does not apply to humanitarian-based immigration programs for refugees, asylees, Special Immigrant Juveniles (SIJs), certain trafficking victims (T nonimmigrants), victims of qualifying criminal activity (U nonimmigrants), or victims of domestic violence (VAWA self-petitioners), among others.
This rule also explains how USCIS will exercise its discretionary authority, in limited circumstances, to offer an alien inadmissible only on the public charge ground the opportunity to post a public charge bond. The final rule sets the minimum bond amount at $8,100; the actual bond amount will be dependent on the individual’s circumstances.
This final rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds and goes into effect at midnight Eastern, Oct. 15, 60 days from the date of publication in the Federal Register.
USCIS will apply the public charge inadmissibility final rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after the effective date. Applications and petitions already pending with USCIS on the effective date of the rule (postmarked and accepted by USCIS) will be adjudicated based on the 1999 Interim Guidance. USCIS will provide information and additional details to the public as part of public outreach related to the implementation of this rule. In the coming weeks, USCIS will conduct engagement sessions for the public and other interested groups to ensure the public understands which benefits are included in the public charge inadmissibility rule and which are not.