* Trump has taken steps to curb legal immigration, but the
public charge rule represents his most drastic attempt yet
President Donald Trump’s administration introduced a new rule
Monday that would make it harder for low-income immigrants who
receive food stamps or other public benefits, or are likely to do
so in the future, to stay in the country legally.
The “public charge” regulation, pushed by White House senior
adviser Stephen Miller and other immigration hardliners, would
require immigrants applying for a change in immigration status,
like a green card, or those applying to come to the U.S. to prove
they are unlikely to ever need certain forms of taxpayer-funded
assistance.
The sweeping 837-page rule, which has been in the works for a
year, will be effective Oct. 13. It would favor wealthier
applicants in the nation’s immigration system and could
dramatically impact poor immigrants who may be forced to choose
between accepting public assistance and living and working in the
country legally.
In a press conference announcing the rule, acting Director of
U.S. Citizenship and Immigration Services (USCIS) Ken Cuccinelli
said “the law has required foreign nationals to rely on their own
capabilities and the resources of their families, sponsors and
private organizations in their communities to succeed.”
“However, Congress has never defined the term ‘public charge’ in
the law and that term hadn’t been clearly defined by regulation.
That is what changes today with this rule,” he continued.
The measure defines a “public charge” as an immigrant who
receives one or more public benefits for more than 12 months during
a 36-month period. Receiving two public benefits in one month
counts as two months, the final rule notes.
It defines public benefits as cash benefits, including
Supplemental Security Income (SSI); Temporary Assistance for Needy
Families (TANF); the Supplemental Nutrition Assistance Program
(SNAP); most forms of Medicaid; and a variety of public housing
programs.
The regulation would exclude military members, their spouses and
children; asylum-seekers and refugees; pregnant women and
immigrants under the age of 21; and beneficiaries of Medicare Part
D.
Pressed on whether the rule would undermine the poem emblazoned
on a plaque at the Statue of Liberty — “give me your tired, your
poor” — Cuccinelli disagreed.
“I do not think by any means we’re ready to take anything off
the Statue of Liberty,” he said, noting that roughly 400,000 people
seeking to adjust their immigration status could be subjected to a
“meaningful analysis of whether they’re likely to become a public
charge.”
“We certainly expect people of any income to be able to stand on
their own two feet,” Cuccinelli added.
Receiving benefits before the rule goes into effect will not
count negatively against applicants, Cuccinelli said.
Cuccinelli described the rule as a win for Trump on Monday,
stating: “President Trump has once again delivered on his promise
to the American people to enforce long-standing immigration
law.”
DHS noted it received “226,077 comments on the proposed rule,
the vast majority of which opposed the rule.”
The regulation will not consider enrollment in the Children’s
Health Insurance Program (CHIP), which provides low-cost health
coverage to children in families that earn too much to qualify for
Medicaid, toward a public charge determination.
The use of the WIC program, a supplemental food program for low-
to moderate-income pregnant women, infants and children, will not
contribute to a public charge determination.
The final rule also dropped beneficiaries of Medicare Part D, a
program which helps seniors pay for prescription drugs, from a list
of restricted benefits.
The measure is the latest part of the Trump administration’s
widespread efforts to overhaul the nation’s legal and illegal
immigration system. Although its aggressive moves to crack down on
illegal immigration have provoked the most attention and outrage,
the administration has also taken significant steps to curb legal
immigration — and the public charge rule represents its most
drastic attempt yet.
The controversial policy is already drawing legal challenges,
with one pro-immigrant group, the National Immigration Law Center,
announcing earlier Monday that it planned to file a lawsuit in
court.
“This latest racially-motivated policy will have a dire
humanitarian impact, forcing some families to forego critical
life-saving health care and nutrition,” Marielena Hincapié, the
group’s executive director, said in a statement.