Trump administration moving to restrict immigrants who use public benefits
WASHINGTON, (Reuters) – The Trump administration yesterday said it would propose making it harder for foreigners to come to the United States or remain there if they have received or are likely to receive public benefits such as food aid, public housing or Medicaid.
The proposed regulation from the Department of Homeland Security would expand immigration officers’ ability to deny visas or legal permanent residency to aspiring immigrants if they have received a range of taxpayer-funded benefits to which they are legally entitled, such as Medicaid, the Medicare Part D low-income subsidy, Section 8 housing vouchers and the Supplemental Nutrition Assistance Program, which is commonly known as food stamps.
U.S. immigration law has long required officials to exclude a person likely to become a “public charge” from permanent residence. But U.S. guidelines in place for nearly two decades narrowly define “public charge” to be a person “primarily dependent on the government for subsistence,” either through direct cash assistance or governmentfunded long-term care.
The Trump administration’s proposal is a sharp departure from current guidelines, which have been in place since 1999 and specifically bar authorities from considering such non-cash benefits in deciding a person’s eligibility to immigrate to the United States or stay in the country.
The changes would apply to those seeking visas or legal permanent residency but not people applying for U.S. citizenship.
“Under long-standing federal law, those seeking to immigrate to the United States must show they can support themselves financially,” Secretary of Homeland Security Kirstjen Nielsen said in a statement to Reuters. “This proposed rule will implement a law passed by Congress intended to promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers.”
If a foreigner is receiving one or more of the public benefits laid out in the proposal when they apply for a visa or residency, that would be a heavily weighed negative factor in their determining their eligibility to come to or remain in the United States.
If an immigrant is deemed inadmissible because of the new rule, they might be eligible to post a bond, no less than $10,000, to come into the United States.
The overhaul is part of President Donald Trump’s efforts to limit both legal and illegal immigration, an issue he highlighted during the 2016 presidential campaign and that has become an important topic in the 2018 congressional elections. Trump has advocated ending a visa lottery program and some kinds of family-based immigration but many of his desired changes would require congressional action.
The proposed regulation, which does not need to be approved by Congress, will be published in the Federal Register in the coming weeks, officials said, the first step toward final adoption. The public has 60 days to comment on the proposal and the agency must consider all submitted comments and could change the regulation before the final version is adopted, likely not for at least several months.