Immigrants still have to prove they are not “public charge” for green cards

Immigrants still have to prove they are not “public charge” for green cards Biden removed Trump’s “public charge&...

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  • Immigrants still have to prove they are not “public charge” for green cards
  • Biden removed Trump’s “public charge” rule on immigrants
  • They assure that immigrants will not be punished but could be “poorly qualified”

Immigrants will still have to prove they are not a “public charge” for the green card despite the fact that the Biden Administration eliminated the controversial rule of the Administration of former President Donald Trump, which was described as a “punishment” for thousands of undocumented immigrants.

Although the provision has ceased to have effect after the decision of the management According to Joe Biden, immigrants must still “not be a public charge” to receive their green card, that is, they must demonstrate financial capacity without government aid, indicates La Opinion.

Why is the public charge rule still in place for the green card?

Public Charge Green Card, Trump, Biden rule
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Apparently, the Public Charge rule to obtain the green card continues in the Immigration and Citizenship Law. What was stopped with the measure adopted by Joe Biden stopped the “toughening” that the Donald Trump administration pushed to “punish” immigrants.

According to the Los Angeles newspaper, officials from the Citizenship and Immigration Services (USCIS) agency and consular agents are the ones who evaluate the immigrants’ requests. “Any foreigner who, in the opinion of the consular officer at the time of the visa application … or adjustment of status, is likely to become a public charge at any time, is excludable,” says the law cited by La Opinion.

Does the Public Charge Rule “Punish” Immigrants?

Public Charge Green Card, Trump, Biden rule
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“Permanent residence applicants have yet to prove that they will not become a public charge, but under the simpler and more generous pre-Trump rules,” said attorney Allan Wernick of the “Citizenship Now!” for the Dallas News.

The Biden Administration withdrew on March 9 the appeals that existed from the last Administration restoring the rules that had governed until 2020, and that were modified in an “extreme” measure taken by the Trump Administration to stop unauthorized immigration, it indicates Eph.

If Biden dropped the public charge rule, why is it still a “requirement” for the green card?

Public Charge Green Card, Trump, Biden rule
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Attorney Allan Wernick points out that current provisions do not “punish” immigrants for receiving federal government aid such as food stamps. However, immigrants may be less well qualified for a visa or green card.

The foregoing, because an economic evaluation must show that they have the economic capacity to access the green card and make use of various social programs, could have a negative impact. “The exceptions are if the person relies primarily on cash assistance or if they receive long-term institutional care from Medicaid,” says the attorney according to The opinion.

Will any other “public charge” rule be used for the green card?

Public Charge Green Card, Trump, Biden rule
PHOTO Shutterstock

The Los Angeles newspaper points out that USCIS agents review applications applying the 1999 rule on public charge to grant the green card. In addition, the site recommends requesting legal help when looking for the green card, or benefits of immigration laws.

“If USCIS requires additional information or evidence to make a determination of inadmissibility of public charge under the statute and in accordance with the 1999 Provisional Application Guide, we will send you another RFE or NOID,” explains the agency according to La Opinion.

Republicans seek to revive Trump’s public charge rule

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A group of Republican states are fighting in court to revive the public charge rule that affected millions of undocumented immigrants seeking green cards. “That rule created a lot of fear, a lot of confusion, misinformation and a lot of anxiety in our community,” Luvia Quiñones told Efe.

Quiñones, who is director of health policy for the Illinois Coalition for Immigrant and Refugee Rights, and who in 2019 filed a lawsuit against the implementation of new public charge requirements that affected millions of immigrants.

Could you ‘revive’ the public charge rule?

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In addition to Illinois, at least 20 other states, cities and counties, filed lawsuits to stop the application of the controversial rule that from the decision of the Biden Administration is already ‘dead’, although it remains to be seen what will happen to the two demands that seek to revive it.

“Many people thought that if they requested some kind of public benefit for their children, even if they were citizens, it could affect them” in the future in the face of a possible change in status or that they would be deported, Quiñones told Efe, and recalled that one in four children in the United States have an immigrant parent.

Consequences of the immigrant public charge rule

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Others who qualified did not request help due to confusion and fear, and many others stopped going to hospitals during the COVID-19 pandemic and did not want to receive the vaccine, said the activist in favor of the millions of immigrants in the United States.

The controversial rule established that a legal migrant will be defined as a “public charge” if he receives “one or more designated public benefits” for more than 12 months in a three-year period, such as food assistance, housing or health assistance vouchers, it indicates. Eph.

Court ruled in favor of immigrants

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A federal court ruled in favor of the immigrants, represented by the Shriver Center on Poverty Law, and ruled that the new rule should be blocked in the country, which did not happen due to the appeal of the government of former President Donald Trump and that Biden withdrew.

In 1882 Congress established the concept of public charge to allow the Government to deny a green card, but it was not until 1999 that the requirements to evaluate the request were defined: if you had received cash assistance such as Supplemental Security Income (SSI ) or Temporary Assistance for Needy Families (TANF) and comparable state or local programs.

‘Ready’ to fight revive the provision

PHOTO: Getty Images

“The number of people affected by (Trump’s rule) was very small,” and it did not include undocumented immigrants because they do not qualify for government assistance, said Lluvia Quiñones, and stated that “one of the goals was to create fear and confusion in our community ”, according to Efe.

He warned that they are ready to go back to court to defend immigrants to prevent the controversial public charge rule from being revived by referring to two multi-state lawsuits that insist that the courts hear their arguments in favor of the controversial rule.

Will the rule return?

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Lawsuits to revive the controversial rule were filed by Texas Attorney General Ken Paxton along with 13 other “conservative” state attorneys. The Hispanic activist indicated that they are attentive to what the courts say but, “at the end of the day, we do not believe that they will revive the rule,” according to Efe.

“We do not believe it is possible that Trump’s public charge rule will return. I think that will be very difficult and although there is no security (because we have to see what the courts say) we do not believe that it will be possible, ”commented lawyer Militza Pagán of the Shriver Center, who represented the Coalition in the lawsuit. of 2019.

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