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AILA Doc. No. 18020918 | Dated March 28, 2018
According to a draft of the proposal obtained by The Washington Post, immigration caseworkers would be required to consider a much broader range of factors when determining whether immigrants or their U.S.-citizen children are using public benefits or may be likely to do so. In addition to forms of cash welfare assistance already used in such cases, it would add the "non-cash" benefits used by more than one-fifth of the U.S. population, both foreign- and native-born. DHS officials said the proposal is not yet final, but the administration is eager to ensure "that foreign nationals seeking to enter or remain in the U.S are self-sufficient." Additionally, President Trump's proposal would penalize immigrants who use tax credits and other benefits.
DHS has drafted a notice of proposed rulemaking, seen by Reuters and Vox, that would allow immigration officers to scrutinize a potential immigrant's use of certain taxpayer-funded public benefits to determine if they could become a public burden. These taxpayer-funded public benefits include a broad array of local, state, and federal social services to which these families are legally entitled, including enrolling their U.S.-born children in Head Start or the Children's Health Insurance Program (CHIP).
This document, as obtained by Vox, includes pages 1-2 of the document, and the regulatory text (starting at page 228); it does not include the 225-page preamble originally included with the draft.
Cite as AILA Doc. No. 18020918.
On March 9, 2021, the U.S. Supreme Court dismissed the pending appeal in DHS v. New York et. al. and the Seventh Circuit also dismissed the government’s appeal in Cook County, et al. v. Wolf, et al. As a result of these decisions, the U.S. District Court for the Northern District of Illinois’s order vacating the 2019 public charge final rule nationwide went into effect.
Subsequently, DHS withdrew its 2019 public charge rule, and USCIS stopped applying the rule to all pending applications and petitions. The DOS public charge rule was enjoined in July 2020, and, in December 2020, DOJ withdrew its public charge rule from OIRA.
Visit the public charge featured issue page for more information.Public Charge Featured Issue Page
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