Biden axing Trump regs on being ‘public charge,’ easing ICE enforcement

There is good news to report about immigration law and policy, and a suggestion about filing immigration forms during the pandemic. Here’s the latest. Public charge rule: President Trump made it harder for immigrant visa applicants to prove they will not become a “public charge.” A public charge is a person who uses need-based government assistance in the United States. Immigrants’ rights advocates were fighting the change in federal court, facing vigorous opposition from the Trump administration, but under President Biden the Trump rule is dead.

Green card applicants must still prove they will not be a public charge based on the simpler pre-Trump rules, but receipt of most public benefits will not impact your right to become a permanent resident.

ICE enforcement: Immigration and Customs Enforcement has issued guidelines limiting arrests of undocumented immigrants. The guidance says that individuals who came to the U.S. unlawfully on or after Nov. 1, 2020, should not be arrested and detained by ICE unless they are a threat to national security, have been convicted of certain crimes or, who are over age 16 and have engaged in gang activity. Despite the Nov. 1 date, I expect few ICE arrests in the coming months.

Filing online: Many people are afraid to leave their homes to visit post offices. Try filing online. You can apply online for many popular immigration benefits, including naturalization and petitioning for a relative.

Note that you cannot yet apply for a fee waiver online. For more on online filing, go to uscis.gov/file-online.

Responding to USCIS inquiries: U.S. Citizenship and Immigration Service is allowing late filings to Request for Evidence, Intent to Deny requests dated March 1, 2020, to Jan. 1, 2021. You get these notices when USCIS believes you have not proven your right to a benefit.

Find details on your right to file late at bit.ly/3l4OpyN.