The public charge has always been a part of the immigration policy in the US since the 1880s. However, Trump’s administration has expanded the powers it has. The step could have a drastic effect on legal immigration to the United States, especially for families. It will particularly make things difficult for people from Latin America and Africa. While wealth is a part of the newly expanded range of the public charge, those two regions are home to people with the lowest incomes in the world. Moreover, the new rule may result in more deportations. Anyone who only has temporary or provisional immigration status could be legally denied US residency.
Any immigrants who depend on public assistance programs can be denied a green card right now. But after that rule is enforced, anybody declared likely to need such assistance won’t get residency either.
The New Green Card Rules go into effect on 15 October 2019. However, certain members of the military, people with green cards, refugees, and asylum seekers will be exempt from it. Fortunately, so will pregnant women in need of public assistance or on Medicaid. The same is true for those under 21.
What is the Public Charge Rule and How is it Changing?
The Public Charge Rule Change will go beyond stipulating that immigrants primarily depending on two federal public benefits, can be denied a green card. That usually meant the SSI and long-term institutional care.
The expansion of the public charge will include several other things, such as nutrition assistance, health care, public housing, etc. Even if those benefits aren’t their primary source of income, they still may not be able to live in the US permanently.
Moreover, this isn’t the end of the modifications to the rules governing immigration. Trump intends to alter them to give added weight to other factors, such as:
- Family status
- Financial status
How the Trump Administration Justifies the New Rule
The administration is justifying the Green Card Rule Change by giving it a different spin. Their spokesperson tried to convince the US public by saying it would benefit them. When potential taxpayers come into the country, the government claims they will likely be self-sufficient. They won’t rely on the welfare system and cost the country more money. The rule-makers claim that this isn’t an attack on the less wealthy or diverse aspirants for immigration.
In reality, though, this rule is just the administration’s way of circumventing an earlier merit-based overhaul to the US immigrant visa system. While that previous attempt failed, this one could have a huge effect in reducing immigration levels.
How This Could Affect the Nation
The Trump Green Card Policy will have a humungous humanitarian impact. Its chilling long-reaching effects are racially motivated. It could change the face of this nation. Ever since Trump took the presidential seat, his administration has been slashing at how many refugees are admitted to the United States annually. They have even tightened the access to the asylum system. Additionally, they have been expanding how much power the American government has in detaining and deportation of not-yet legal immigrants.
Besides preventing people from coming into the country, this will also keep the immigrants here from asking for help. Thus, they will forego healthcare and have a lower quality of life. Thus, by not participating in important federal health care programs, immigrants may not be able to guard themselves against diseases.
Finally, states like California, Texas, and Florida are made up of highly diverse populations. They will be hugely affected by this rule due to their large immigrant communities.
What’s Being Done to Fight The New Green Card Rule
Several organizations are taking measures to keep this Proposed Public Charge Rule from coming into action. For instance, the National Immigration Law Center intends to file litigation. Just as they did with DACA, the center will try to get a preliminary injunction. Similarly, the counties of San Francisco and Santa Clara have already filed a lawsuit challenging Trump administration. Other counties might join them in the attempt.
Contact Attorney Eric Price Today!
Are you worried that the New Green Card Policy will hurt your chances of acquiring one? Then come, talk to Eric Price about it. Eric’s legal team specializes in all matters of immigration!