Biden Administration May Be Thinking About Restoring Trump’s Public Charge Rule Against Immigrants

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  • Biden’s government has stated that it will seek Public comment on the “public charge” rule.
  • Last March, the Biden Administration formally rescinded the Trump rule.
  • A period of 60 days will be given starting on Monday, August 23 and ending on October 22, for the public to make their comments.

Biden asked residents to comment. This Friday, the president, through the United States Department of Homeland Security, asked the public to help his administration, asking for comments on the “public charge” rule, which was implemented in Trump’s era; in said rule, it is mentioned that migrants who use basic services cannot apply for residency.

The data requested by the government is intended to be used to develop a regulatory proposal on public charge. It is hoped that with the participation of citizens, a concession can be made in order to benefit migrants, who have to wait for a while to obtain an application that allows them to apply for the “green card” and thus fear using basic services.

Biden Public Charge Comments: Government Asks for Comments

Biden Public Charge Comments: Government Asks for Comments
Photo: Twitter

According to the Efe agency, The administration of President Joe Biden on Friday asked for public comment on the “public charge” rule that his predecessor, Donald Trump, activated in 2019 to restrict the granting of legal residence to foreign nationals who use certain public aid.

The request made this afternoon by the United States Department of Homeland Security is so that the public can approach and agree to give the data and information, in order to put together a regulatory proposal on public charge. This proposal would be beneficial for migrants who have been waiting for their residence application to be approved for a long time. Filed Under: Biden Public Charge Comments

Biden Public Charge Comments: The Purpose of This Proposal

Biden Public Charge Comments: The Purpose of This Proposal
Photo: Twitter

As mentioned on the United States Citizenship and Immigration Services page, the purpose of soliciting public comment is to ensure that the proposal is fair, in accordance with the law, and based on relevant data and evidence. So it is expected that on Monday the period begins for the inhabitants to come closer and cooperate.

For this reason, a period of 60 days will be given in which the population of the country is expected to attend to fill in the data and information requested by the administration of the Biden government, through the United States Department of Homeland Security; this, in order to obtain a good deal with the demands of the migrants who are living in the country. Filed Under: Biden Public Charge Comments

Biden Public Charge Comments: Citizen Help

Biden Public Charge Comments: Citizen Help
Photo: Twitter

Also on the United States Citizenship and Immigration Services page, public comments will also help DHS ensure that the proposed regulations do not impose undue burdens on non-citizens seeking admission or adjustment of status in the United States.

Therefore, it is important for the Biden administration that comments are made within the allotted period, so that a fair proposal can be developed for the charges that exist on non-citizens of the country, who continue to seek the opportunity to change the immigration status that have. Filed Under: Biden Public Charge Comments

Biden Public Charge Comments: M. Jaddou’s Opinion

Biden Public Charge Comments: M. Jaddou's Opinion
Photo: Twitter

The Director of the United States Citizenship and Immigration Services, M. Jaddou, mentioned this Friday afternoon that public comments on public charge are essential, since many of the migrants do not attend basic government services, for fear of not being able to access the change of status.

“It is essential that immigrants, many of whom are essential and frontline workers, are able to access the necessary government services to which they are eligible in order to keep their families safe and healthy,” he said in the press release. , which was published by the United States Citizenship and Immigration Service, through its official website. Filed Under: Biden Public Charge Comments

Biden Public Charge Comments: “An Essential Step”

Biden public charge comments: "An essential step"
Photo: Twitter

M. Jaddou considered it essential that the United States Department of Homeland Security take this step so that in its regulations there is a fair norm towards non-citizens, who have been affected by the indications of the ‘public norm’, which causes fear in the community and you want to be able to change that issue.

“DHS takes an essential step to implement fair and rational regulation that does not cause fear and confusion among immigrant communities. We will continue to support this administration’s efforts to remove undue barriers in the immigration system and sources that cause fear and prevent immigrants from accessing benefits for which they are eligible. Filed Under: Biden Public Charge Comments

There was an advance notice

There was an advance notice
Photo: Twitter

According to the statement, the United States Department of Homeland Security had already requested an advance notification to the ANPRM, in order to request data and information from the general public who wishes to participate in the comments in order to develop a regulatory proposal on public charge. .

“DHS issued an Advance Notice of Proposed Rulemaking (ANPRM) to request data and information from the public, including state, territorial, local, and tribal agencies that provide public benefits, and nonprofit organizations.” the official writing.

What includes considerations

What includes considerations
Photo: Twitter

According to the page, it mentions that the ANPRM identifies key considerations associated with inadmissibility for reasons of public charge, so it is expected that through the comments offered by the public, these considerations can be carried out. It is expected that the term ‘public charge’ can be modified and redefined.

These considerations include how DHS should define the term ‘public charge’, what public benefits the agency should consider relevant to public charge inadmissibility determinations, and how it should evaluate mandatory statutory factors in determining whether a citizen is likely to convert. on a public charge. ”the USCIS statement reads.

A period of 60 days

A period of 60 days
Photo: Twitter

As mentioned in the statement, DHS and ANPRM will ask the population for comments on these issues to be answered within 60 days. For this reason, the population is asked to agree to cooperate in providing their data and answering the requested information, so that the proposal for changes in the ‘public charge’ rule can be developed.

“The ANPRM requests comments from the public on these and other matters. The period for submitting comments will be open for 60 days, starting on Monday, August 23, 2021, and will end on October 22, 2021. ”, was mentioned in the press release, where the population is asked to participate in said proposal.

It will include more information

It will include more information
Photo: Twitter

As has been well known, the ANPRM will have the information requested from the participants, for use in the following virtual sessions, where the public will be able to participate and work together with the United States Department of Homeland Security. This proposal to be developed could be a great change for non-citizens.

“The ANPRM includes information about upcoming interactive virtual sessions that will provide another opportunity for the public to provide DHS with relevant input in the development of the public charge rulemaking.” USCIS commented, pending the public’s willingness to participate in the modification of the rule.

What it means to be a “public charge”

What it means to be "public charge"
Photo: Twitter

In the letter, it is also mentioned what it means to be part of the ‘public charge’, where the Immigration and Nationality Law protects that non-citizens, who for some situation fall within this norm, may have problems at the time of change your residence status, which must remain free of this burden.

“Under the Immigration and Nationality Act, a non-citizen who could likely become a public charge is generally inadmissible in the United States and ineligible to become a lawful permanent resident.” where it ensures that a non-citizen must be out of public charge, to access residence.

The COVID-19 vaccine is not considered within this rule

The COVID-19 vaccine is not considered within this rule
Photo: Twitter

But, what about public medical treatment in time of COVID-19? According to the statement expressed on the United States Citizenship and Immigration Service page, if a person accesses Medicaid or medical treatment against COVID-19 or the vaccine, they will not have problems being considered within the public charge.

“Under this guidance, USCIS will not consider whether a person has received Medicaid (except Medicaid for institutionalization for long-term care), public housing, or Nutrition Assistance Program benefits as part of the determination of inadmissibility on public charge grounds. Vaccines and medical treatment against COVID-19 will also not be considered for public charge purposes. ”, the writing ended, making it clear that people can request medical help in this time of pandemic without fear of it being recorded in their application.

 

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