On Monday, August 12, 2019, the United States Citizenship and Immigration Services (USCIS) announced the implementation of a final rule that would amend the Department of Homeland Security’s (DHS) regulations to inadmissibility on public charge grounds. Final Rule would make it easier for the government to deny green card and visa applications. These new regulations will go into effect on October 15, 2019.
The final rule expands the original clarifications issued in 1999 by the Immigration and Naturalization Service (INS no longer exists and its components were transferred to DHS). In the 1999 guidance, public charge is defined as an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.” Now, the definition will include reception of more kinds of “public benefits.” Under the new definition, public benefits will include any cash benefits for income maintenance. If an individual is found to be a public charge it would result in their inadmissibility or ineligibility to adjust their legal status or even be subject to deportation. The new regulations will not apply to asylum seekers, refugees, and Afghans and Iraqis with special immigrant visas.
Acting Director of USCIS, Ken Cuccinelli, stated that implementation of the final rule was the Trump Administration, “reinforcing the ideal of self-sufficiency and personal responsibility.” The administration has previously implemented policies to substantially limit illegal immigration. But the newly issued regulations will be aimed at curtailing legal immigration. Including additional programs under the public charge determination could deter immigrants from seeking benefits that are not only part of the rule but benefits that are not. Randy Capps, Director of Research for the Migration Policy Institute stated there are estimates of 15 or 20% of immigrants that could be withdrawing from programs they’re eligible for. Furthermore, other experts believe the final rule has the potential to cut legal immigration numbers by half.
The fear of receiving any benefits would place a significant burden on immigrant populations and could have detrimental effects on their health and well-being. The Trump Administration has stated they encourage legal immigration but has made the application process even more difficult. Instead of promoting policies that would encourage individuals to seek entrance to the US legally, it is driving them to seek other options.