Jason Hopkins on August 12, 2019
The Trump administration announced a new “public charge” rule on Monday, which takes into account immigrants’ use of government benefits when deciding whether to award them permanent status.
“President Trump has delivered on his promise to the American people to enforce long-standing immigration law by defining the public charge inadmissibility ground that has been on the books for years,” U.S. Citizenship and Immigration Services (USCIS) Acting Director Ken Cuccinelli said Monday when revealing the rule change. “Through the enforcement of the public charge inadmissibility law, we will promote these long-standing ideals and immigrant success.”
Under the finalized rule, any individual immigrant who applies to live in the U.S. on a more permanent standing — which typically means a green card application — the applicant’s history of public benefits uses will be taken into account. Such programs being considered are food stamps, Section 8 and other housing benefits, Medicaid, cash assistance and other programs.
More specifically, the USCIS officer reviewing the case will look at an applicant’s use of public benefits over a 12-month period within any given 36-month period during their time in the U.S.
The rule change, which is expected to apply to hundreds of thousands of applicants a year, is part of the Trump administration’s long-sought effort to deter migrants who are dependent on government services from entering and remaining in the U.S. The number of immigrant visa details has already risen demonstrably this fiscal year compared to former President Barack Obama’s final year in the Oval Office.
Cuccinelli, however, made clear that the rule change is not meant to target aliens solely for being “poor,” and that many factors are weighed when determining an applicant’s request for permanent residence.
“President Trump’s public charge inadmissibility rule better ensures that immigrants are able to successfully support themselves as they seek opportunity here in America,” the USCIS chief said Monday. “A poor person can be prepared to be self-sufficient. Many have been through the history of this country. So let’s not look at that as the be-all and end-all. It’s not the deciding factor, which is why we continue to use the totality of circumstances test.”
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Cuccinelli also went stressed the exemptions for the updated public charge rule, making clear that humanitarian-based immigration programs will not be effected. Refugees and asylums are exempted, and there are exemptions for trafficking victims and victims of domestic violence.
“To date, public charge has not been defined in statute or regulation,” a USCIS official explained to the Daily Caller News Foundation. “Under our final rule, a public charge is defined as an alien who receives one or more designated public benefits for more than 12 months in the aggregate within any 36-month period.”
The updated rule will apply to applicants who file after October 15.
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I’m almost positive that Ireland already does this and possibly England.
Ninth Circuit Judges ruin everything good for the Country, while protecting Illegal immigrants. Letting them by-pass immigration laws! They basically are told by Obama what to do, like Obama is still the President! ACLU uses the 9th Circuit as their personal guide to by-pass the Constitution.
Look at Mexico’s laws!
Same thing, PLUS you can never own land – when you pass, your land can not go to family, etc – it goes back to the state. You can’t ever get water/ocean front land. One infraction and you lose it all.
About time!!! In 1908, my Italian grandparents came to this country with sponsors guaranteeing they had a place to live, food and jobs. They also had to pass a health exam and have PAPERS!!! They never took a penny from our government, errr, taxpayers – NEVER!!! That’s they way it should be – LEGALLY and independently, not dependent on hand outs.
The requirement that immigrants not be a “public charge” has been in immigration law since 1882. Point of fact, Massachusetts enacted that same requirement back in 1645. {Computer search is such a wonderful thing.}
Good! And all the foreign nationals illegally residing in the United States must not receive any government subsistence at all.
Awesome our President is defying congress and actually enforcing Laws made by congress. Dems offer a free ride if people will break the law entering our country, boy are they in for a surprise when they get here. Well Done Mr. President.
It is better to help people where they are. Asylum seekers, etc., are separating their families. They are healthy and able and could be the agents of change so desperately needed in their countries. They leave behind the poor, the sick and the old, making their country vulnerable to takeover by evil governments. They do not love their own country, they will not love ours. We cannot afford them. If everybody jumps into the same boat, the boat will sink. Send them back. Help them where they are, not with dollars but with skills and leadership.
What – enforce existing laws? Isn’t that unconstitutional and racist? Isn’t it degrading and demeaning to people who want to come here? Won’t it result in women and children being denied access to food and clothing and housing that are rightfully theirs? Isn’t it insulting to expect people who want to come here want to pursue the American Dream? Wait, isn’t the American dream getting free food stamps, welfare, housing, health care, and education? Doesn’t this once again prove Trump is a bigot, racist, divider, hater, and obviously a white supremacist because only people of color are immigrants? The Democrat party and the MSM will say, no, yell, YES to all of the above.
Still too soft…if they didn’t apply legally…get rid of them.
Well done POTUS, got my vote in 2020
It is about time.
WE CALL IT THE ANTI-FREELOADER ACTION. GO TRUMP!
It’s about time.
Penalizes how? I didn’t see that in the article.
This is looong overdue. I’m glad to see it. Hope it sticks.
Here again I am confused by the meaning of the word immigrant and what it encompasses and means. Immigrants arrive n the USA and do the paper work they work live and remain legally. Migrants were seasonal workers some might or might not have visas depending on their sponsors. Having earned the money they normally return to countries of origin to help their families. Some become legal immigrants. Then there are illegal immigrants liberals tell us are not on subsidies in sanctuary cities and the State of Kalifornia. They are treated like refugees create massive costs, like 53 million to clean the streets of San Fran and tens of millions for LA. The word immigrant has been stretched to include illegals who are not paying taxes receive generous school access and other subsidies they do not pay for and are parasitic. To state as much s deemed racist not patriotism. To justify these mass migrations the socialists have gone global and paint patriotism and nationalism as fascist racism when the opposite is true.
So please define if you mean immigrants who we welcome because they want or seem willing to become CITIZENS under our civil law, versus the migrants and illegal invaders.
Just another law that Obama refused to enforce. He and his administration were a socialist crime wave. he called the republicans terrorist and the refused to negotiate with them. Yet he refused to call the Islamic terrorist ”terrorist”. The democrat congress and senate are still refusing to negotiate , it is an on going obstruction.
What about the Mexicans that came during Obama’s last year and guaranteed them free living if they had a anchor baby here? Will they be cut off? I get tired of seeing the tenants renting the house next to me living better than me off the government and just work for cash in the summer. They can buy new cars and have nice clothing living the upper middle class lifestyle with free healthcare – no high deductible. I think I need to go to Mexico and come back across as an illegal then get free living. I won’t have to work.
Would they fight for America if invaded or war broke out?
Are they willing to pay ANY dues for the privilege of living in the US?
Invested Americans have the right to make these decisions – not political candidates looking for illegal support.
YOU ARE CORRECT THAT THESE ARE NOT NEW RULES BUT RULES THAT A PRESIDENT IS FINALLY ENFORCING!
HOWEVER, I NEED TO CORRECT YOU REGARDING HOW OLD THE RULES IS.
My great grandparent arrived here from Poland in 1910 to avoid the communist takeover of Poland, and they were required to prove they would be an asset to the country before being accepted as immigrants! They never once applied for or received any government benefits, they obtained employment immediately, attended their citizenship classes, learned to read, write, and speak English, and after 5 + years they took the oath of citizenship renouncing their country of origin and pledging their allegiance to the US!
The way I look at it there is nothing that makes any of these people better or more deserving than my great grandparents were, or any other person that followed the legal path into this country. And as they are equal to every other person with a desire to come here they should follow the same rules to do so!
And the majority of those trying to get in under asylum claims are not fleeing persecution or any other danger! They are coming here for a chance at prosperity, but won’t be devoted enough to this country to become legal citizens, they will just as quickly leave the US if they find another country that will promise they a higher level of living!
I also thought it was the law that they be self sufficient when they came to our country. These laws should absolutely be enforced.
These are NOT new rules. They have been the law for more than 30 years. What is new is the enforcement of those laws.
NO ILLEGAL ALIEN SHOULD BE ALLOWED ANY WELFARE HELP OR FOOD STAMP HELP.. WE SHOULD NOT BE SPENDING ONE DIME TO TAKE CARE OF ILLEGAL ALIENS … THIS ALSO NEEDS TO BE STOPPED… They should be made to understand that they CANNOT come here to take advantage of OUR benefits.. they are NOT for them… AND ANYONE who draws welfare or food stamps, if they were sponsored to come here, that sponsor should be made to pay the money back… I filled out papers to sponsor someone and the papers state that they are NOT to come here and be a burden to the government.. yet these lunatic politicians continue to give them benefits (both legal immigrants and illegal aliens) that belong to the citizens…. It is a magnet that continues to encourage more and more of them to flood the country!!!
CUT OFF ALL FREE BENEFITS TO ALL NON-CITIZENS.. ESPECIALLY ILLEGAL ALIENS AND THE FLOW COMING HERE WILL GO DOWN…
ENOUGH IS ENOUGH.. HEAVEN HELP OUR COUNTRY BEFORE WE HAVE NO COUNTRY
GOD BLESS PRESIDENT TRUMP
Expecting a return, on our dollar! – votes!
Yes and they are the main reason for children being trafficked. They advertise for Illegals to bring their children and it will be easier to break into our home. Shameful dems cry about children’s mistreatment on one hand and advertise for it with the other.
Unfortunately, the libs have been giving it to them for quite some time now.
They get what they deserve when they invade a country.
Amen to that!!
All the more reason to Vote!
All of the ballot- including those down ballot races, PARTICULARLY JUDGES!
According to One America News Network, two already have i- NY and CA.
It won’t be long and some lunatic will take it to court and sue president Trump to stop him… THE INSANITY CONTINUES ON THE LEFT…
They did not get welfare in their own countries so they don’t get to stay and get anything offered here. Go back to where you to came from your are not going to take our welfare system apart cause you do not deserve it. This is our USA not YOURS.
Someone counting on their willingness to break another law-
AND VOTE!
We’re paying. Since we hand out “humanitarian aid” with no accountability for how it’s used, it’s being turned back against us, namely funding the caravans and their organizers. That’s why President Trump wanted to stop sending aid to the countries that are facilitating caravans! I also want to know how “destitute” migrants from Africa get plane tickets to South/Central America to join the caravans. Trump 2020!
D-Rat party paying to get them here.
Absolutely. They come here for the hand-outs. Not only that, someone is paying them to make the trek.
Like Gavin in California. Free healthcare to illegals.
Our system is already overburdened.
im waiting 6 mos plus for a hip replacement… bone on bone. Horrifying pain. Thanks Gavin. Wish he was in my shoes and had to suffer.
They also need to STOP ALL the free benefits they keep giving the illegal aliens…
It’s about time!