Further tightening its rules on migrant policy, the Trump administration on Saturday proposed rules that could could deny green cards to immigrants if they use Medicaid, food stamps, housing vouchers and other forms of public assistance.
In its statement, the Department of Homeland Security said that the current and past receipt of certain public benefits above thresholds would be considered “a heavily weighed negative factor” in granting green cards as well as temporary stays.
The proposal “will clearly define long-standing law to ensure that those seeking to enter and remain in the United States either temporarily or permanently can support themselves financially and will not be reliant on public benefits,” the department said.
The proposal, which can become a rule after a public comment period, rewrites a 1999 rule that limited green cards from immigrants who were dependent on cash benefits, but did not take into consideration healthcare or other non-monetary benefits.
Originally, the rule known as "public charge" began in the 1800s as a way for the US to deny entry to immigrants who were likely to become a drain on the economy.
The 447-page proposal published on the department’s website will appear in the Federal Register “in the coming weeks,” triggering a 60-day public comment period before it takes effect.
Federal law has always required those seeking green cards to prove they will not be a burden and has taken into consideration the acceptance of cash benefits. But the government has never before considered the use of other public benefits, like assistance for food and medical facilities.
Now, the new regulation will require that immigration caseworkers consider the use of public benefits to be 'heavily weighed negative factors' for those who are applying to remain legally in the country on a permanent basis. Those who are deemed likely to become dependent on government assistance will probably be denied.
Coming less than seven weeks before midterm elections, the announcement could help galvanize voters who have backed or opposed Trump’s broad crackdown on legal and illegal immigration.
However, the move could force millions of poor immigrants who rely on public assistance for food and shelter to make a difficult choice between accepting financial help and seeking a green card to live and work legally in the United States.
Immigrant advocacy groups said people may avoid or withdraw from public aid programs even at the risk of losing shelter and suffering deteriorating health because they worry they will be denied visas.
Marielena Hincapié, executive director of the National Immigration Law Center, said the proposal was “an inhumane attack on the health and wellbeing of so many families and communities across the country.”
“How you contribute to your community — and not what you look like or the contents of your wallet — should be what matters most,” she said. “This proposed rule does the opposite and makes clear that the Trump administration continues to prioritize money over family unity by ensuring that only the wealthiest can afford to build a future in this country.”
Potentially disqualifying benefits include Medicare Part D prescription drugs, Medicaid with some exceptions for emergency services and disability services related to education, food stamps and Section 8 housing vouchers.
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