about the Trump Administration’s new public
charge policy are causing many immigrants to refrain from seeking Medicaid
coverage for their children out of fear of deportation. The rule is facing
multiple legal challenges nationwide and although it was scheduled to go into effect
on October 16, 2019, at least one federal district judge has issued a
nationwide injunction preventing the rule from going into effect.
the new public charge rule, federal immigration officials will be able to deny
visa and green card applications from immigrants whom they believe could become
a public charge, or primarily dependent on government aid. Officials could
determine that individuals are likely to become public charges based on their
low income, or their prior use of benefits programs such as Medicaid and SNAP
or food assistance.
public charge rule has been in effect since 1882, but historically has been
very vague. In the past, the rule has been applicable only to individuals whose
entire income came from government cash benefits or who needed extensive
medical care and had no insurance coverage.
the new rule refers to various other benefits programs, including health care,
food stamps, cash assistance, and public housing programs. It also increases
the income threshold for applicants to 250% of the federal poverty guidelines.
In response to the public charge rule, immigrants are removing themselves and their children from healthcare and food assistance programs, even if they already have valid visas or green cards. The misinformation about the new policy circulating in immigrant communities is making all immigrants wary of using any government benefits, even if they are entitled to them or usage would not affect their legal immigration status. Immigrant parents with special needs children, for instance, may believe that they must remove their children from Medicaid, even if the public charge rule doesn’t apply to them and their situation.
The immigration lawyers of Peek & Toland have handled the cases of countless individuals who are facing immigration problems. We are here to protect your rights and advocate on your behalf. As a result, we will strive to get the best outcome possible in your case. Call our office today at (512) 474-4445 to set up an appointment with our immigration attorneys.
Customs and Immigrations Services (USCIS) issued its final rule on
inadmissibility on public charge grounds on August 14, 2019. The rule will
become effective on October 15, 2019. The new rule will have no effect on
applications and petitions already pending with USCIS before that date.
expected, almost 20 states, along with immigration advocacy groups, have filed at
least six separate lawsuits to try and block the new public charge rule. These
states fear that the new rule will have a devastating effect on the U.S.
economy, resulting in billions of losses of revenue from immigrants denied
citizenship. The Fiscal Policy Institute estimates that the financial losses
resulting from implementation of the public charge rule could cost the economy
as much as $33.8 billion and 230,000 jobs. Plus, when less people sign up for
non-cash public benefits, states receive less money from the federal government
for those programs. Fewer benefits also translates to less spending money for individuals
who are no longer receiving the benefits.
major change to the public charge rule concerns legal immigrants in the U.S.
who use public benefits such as Medicaid, food stamps, and housing assistance
for more than 12 months in any 36-month period. Immigrants who do use these
benefits for the stated timeframes will jeopardize their ability to obtain
green cards and become naturalized citizens. The move effectively could block
citizenship for thousands of immigrants legally living in the U.S. There are
some exemptions to the rule, such as for refugees and immigrants seeking
maintains that it is simply clarifying and enforcing a policy that has been on
the books for years, and that its goal is to ensure that immigrants who become
U.S. citizens are financially self-sufficient.
immigration lawyers of Peek & Toland have handled the cases of
countless individuals and businesses who are facing immigration issues. We are
here to protect your rights and advocate on your behalf. As a result, we will
strive to get the best outcome possible in your case. Call our office today at
(512) 474-4445 to set up an appointment with our immigration attorneys.
Reuters is reporting that denials of U.S.
visas have increased drastically following a change in the “public charge” rule
by the Trump Administration. This rule states that if visa applicants could
become a public charge, or reliant on the U.S. government for financial
assistance through taxpayer support. Changes to this policy that took place in
January 2018 have given State Department officials more considerable discretion
to deny visas on public charge grounds.
coincidentally, this policy change occurred on the heels of a Department of
Homeland Security (DHS) proposing a rule to restrict immigration because the
individuals might become public charges. This controversial proposal drew
hundreds of public comments during the required notice and comment period. As a
result, the efforts of the DHS to enact this policy increased drastically. Some
have suspected that the State Department policy change was nothing more than an
attempt to avoid the high-profile rulemaking process that DHS must go through
and still achieve the same result. The State Department has enacted the same
proposal as DHS, thus effectively bypassing any oversight by the public.
The State Department
policy change has resulted in litigation in a federal court in Maryland. The
federal government is arguing that its policy changes are not subject to
procedural rules that require public notice and comment or court review.
when visa applicants are providing what previously would have been adequate
proof that they will be financially independent, such as affidavits for support
from family members in the U.S. and proof of employment in the U.S., however,
these individuals nonetheless are receiving denials of their visa applications.
Denials of visas on public charge grounds have increased significantly since January
2018 when the State Department policy went into effect. Denials based on public
charge grounds rose to almost 13,500 for fiscal year 2018, which is the highest
total since 2004 and quadruple the number of such rejections for fiscal year 2017.
immigration attorneys of Peek & Toland have the experience that you need when you are seeking
any relief or benefit under federal immigration laws. We will determine the
facts and evidence that are relevant to your case, evaluate your options, and
help you decide the best course of action for your situation. We intend to
place you in the best position possible to achieve your goals. Contact our
Texas immigration attorneys at our office today and learn how we can assist you
through this complicated situation.
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