Trump rule in the US may make green cards harder to obtain — TIME
The administration of US President Donald Trump is introducing a rule that expands the ability to consider the use of public assistance when reviewing green card applications. As TIME reports, the rule takes effect on Friday and may affect immigrants who receive, among other benefits, Medicaid or food assistance.
The US Department of Homeland Security said the change restores the principle that immigrants must be able to support themselves and is intended to protect public resources. The change concerns the so-called public charge rule, which is used to assess whether an applicant may become dependent on public assistance.
Broader authority for officers
Previously, application reviews generally took into account mainly cash benefits, including Supplemental Security Income. Non-cash programs, such as Medicaid and food assistance, were largely not considered grounds for deeming a person a public charge and denying permanent status.
Under the new approach, immigration officers will be able to assess a broader range of public support programs. At the same time, the guidance does not contain a complete list of benefits that may be considered. It states that officials will make individual decisions based on the totality of each person’s circumstances. The rule does not apply to certain categories of immigrants, including refugees.
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Concerns from lawyers and states’ lawsuit
Melissa Shepard, director of legal services at the Immigrant Defenders Law Center, said the new policy gives officers significantly more discretionary authority. Adriana Cadena, executive director of the Protecting Immigrant Families coalition, believes the broad nature of the rule could create opportunities for abuse in the review of green card applications.
Immigration attorney Charles Kuck suggests that the number of green card denials could rise significantly after the policy is introduced. Experts also warn that immigrants may withdraw from assistance programs to which they or their children are entitled because of fears of harming a future application for permanent residence.
The rule provides that DHS may consider cases in which family members of an applicant whom the applicant is legally obligated to support receive income-based assistance because the applicant’s income is below the established threshold. The Department of Homeland Security previously estimated that the change could prompt more than 950,000 people to withdraw from or not enroll in public assistance programs. A coalition of more than a dozen states, including New York and California, has already challenged the new rule in court.
