Posted on 11/25/2018 12:02:09 PM PST by Beautiful_Gracious_Skies
On Oct. 10, 2018, USCIS published its proposed rule, Inadmissibility on Public Charge Grounds. The public comment period is open for 60 days from Oct. 10, 2018, to Dec. 10, 2018.
(Read our press release from Sep. 24 when the text of the proposed rule was posted on the DHS website.)
The administration published a proposed rule that would make it much more difficult for immigrants to apply for legal immigration status in the United States. The proposed rule would drastically expand the definition of what it means to be a public charge, which could prevent an immigrant from maintaining or obtaining legal immigration status. The rule is open to public comment from Oct. 10, 2018, to Dec. 10, 2018.
Current policy regarding public charge will remain unchanged until the public comments are collected and reviewed and a final rule published. That, at a minimum, will take several months.
Currently, the government prohibits immigrants on public charge grounds if there is a finding that they would likely depend on public cash assistance or need long term medical care at the governments expense.
Under the proposed rule, the list of public benefits that count against an immigrant would greatly expand. The benefits that the administration proposes be added to the public charge list are benefits that support mixed-immigration status families and protect public health, ensuring that children can thrive. [snip] ____________________________________________________________________________________
Alert to Free Republic readers:
While this Catholic lawyer group lambasts this proposed DHS policy, every Conservative Republican should be supporting the new "Inadmissibility on the Public Charge Grounds. Stop the drain of benefits flowing to millions of non-Americans.
Do the exact opposite of what this Catholic lawyer group suggests. Stop the bleed of tax dollars flowing to non-Americans.
All should submit letters of support for this new policy. This proposal was designed to narrow the large pool of financially dependent foreigners that are seeking to immigrate to the USA. These welchers need to be legally rejected because their primary purpose is to collect multiple benefits as they remain a permanent financial drain upon our social service system. Write a letter of support for the change to "Public Charge Grounds."
Please note that the proposed public charge rule has been issued by USCIS, and is a separate matter from the recent change in DOS Public Charge guidance in the Foreign Affairs Manual, which impacts intending immigrants from abroad.
This policy primarily impacts illegal aliens that are living in the USA, welching a multitude of benefits while trying to become legal US citizens.
https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility
Proposed Change to Public Charge Ground of Inadmissibility
Self-sufficiency has long been a basic principle of United States immigration law. Since the 1800s, Congress has put into statute that individuals are inadmissible to the U.S. if they are unable to care for themselves without becoming a public charge and federal laws have stated that foreign nationals generally must be self-sufficient. Despite this history, public charge has not been defined in statute or regulations, and there has been insufficient guidance on how to determine if an alien who is applying for a visa, admission, or adjustment of status is likely at any time to become a public charge.
The Law:
Section 212(a)(4) of the INA: Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible[ ] In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the aliens-(I) age; (II) health; (III) family status; (IV) assets, resources, and financial status; and (V) education and skills . . . .
8 U.S.C. § 1601 (PDF)(1): Self-sufficiency has been a basic principle of United States immigration law since this countrys earliest immigration statutes.
8 U.S.C. § 1601 (PDF)(2)(A): It continues to be the immigration of the United States that aliens within the Nations borders not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations.
DHS Proposed Rule:
A Notice of Proposed Rulemaking (NPRM) related to the public charge ground of inadmissibility under INA section 212(a)(4) was published in the Federal Register for a 60-day comment period. This allows members of the public to provide input on how DHS should administer this rule. After the comment period ends, DHS will carefully consider public comments and will publish a final rule in the Federal Register, along with the date it will go into effect.
This NPRM (proposed rule), if finalized, would enable the federal government to better carry out provisions of U.S. immigration law related to the public charge ground of inadmissibility. This proposed rule would change the standard that is used when determining whether an alien is likely at any time in the future to become a public charge, and is therefore inadmissible under section 212(a)(4) of the INA, ineligible for adjustment of status, or ineligible for admission or a visa. The rule would also make nonimmigrant aliens who are public charges generally ineligible for change of status and extension of stay. USCIS believes this proposal is more consistent with Congressional intent regarding the public charge ground of inadmissibility.
The proposed rule would apply to individuals seeking admission to the United States from abroad on immigrant or nonimmigrants visas, individuals seeking to adjust their status to that of lawful permanent residents from within the United States, and individuals within the United States who hold a temporary visa and seek to either extend their stay in the same nonimmigrant classification or to change their status to a different nonimmigrant classification.
This rule would not impact groups of aliens that Congress specifically exempted from the public charge ground of inadmissibility, such as refugees, asylees, Afghans and Iraqis with special immigrant visas, nonimmigrant trafficking and crime victims, individuals applying under the Violence Against Women Act, and special immigrant juveniles. Additionally, the rule excludes consideration of benefits received by U.S. citizen children of aliens who will acquire citizenship under either section 320 or 322 of the INA, and by alien service members of the U.S. Armed Forces.
Questions and Answers
Close All Open All
Q. When does this rule go into effect?
Q. What changes does the rule propose?
Q. Who is subject to the public charge inadmissibility ground?
Q. Who is exempt from this rule?
Q. Which benefits are included in public charge inadmissibility determinations?
Q. What amount of public assistance matters?
Q. What period of benefits receipt is considered?
Q. Whose benefits are considered?
Q. Which benefits are not considered?
Q. How will DHS determine whether someone is likely to become a public charge for admission or adjustment purposes?
Q. What factors weigh heavily in favor of a determination that alien is likely to become a public charge?
Q. What factors would weigh heavily against a determination that an alien is likely to become a public charge?
What we really need is to eliminate the DHS, BATF, DEQ, dept of education, BLM, national park service, and there are probably a half dozen more. Then just enforce the laws we already have.
IMHO, it should be extremely difficult for an immigrant to become legal in the US. Waaaay to easy right now. Look at the mess this has created.
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