The US Department of Homeland Security (DHS) has announced that it will start to implement a rule that will effectively prevent all “immigrants” using welfare from getting Green Cards—and which will ultimately lead to their expulsion.
According to a DHS statement released on that organization’s website, the rule will “clearly define long-standing law to ensure that those seeking to enter and remain in the United States either temporarily or permanently can support themselves financially and will not be reliant on public benefits.”
The rule, titled “Inadmissibility on Public Charge Grounds,” says that it will “prescribe how it determines whether an alien is inadmissible to the United States under section 212(a)(4) of the Immigration and Nationality Act (INA) because he or she is likely at any time to become a public charge.”
“Aliens who seek adjustment of status or a visa, or who are applicants for admission, must establish that they are not likely at any time to become a public charge, unless Congress has expressly exempted them from this ground of inadmissibility or has otherwise permitted them to seek a waiver of inadmissibility.
“Moreover, DHS proposes to require all aliens seeking an extension of stay or change of status to demonstrate that they have not received, are not currently receiving, nor are likely to receive, public benefits as defined in the proposed rule.”
The DHS statement said that the term “public charge” as applied to admission of aliens to the United States has a long history in U.S. immigration law, appearing at least as far back as the Immigration Act of 1882.
In the late 19th and early 20th centuries public charge was the most common ground for refusing admission at U.S. ports of entry.
“Under long-standing federal law, those seeking to immigrate to the United States must show they can support themselves financially,” said Kirstjen M. Nielsen, Secretary of Homeland Security.
“The Department takes seriously its responsibility to be transparent in its rulemaking and is welcoming public comment on the proposed rule. This proposed rule will implement a law passed by Congress intended to promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers.”
“The proposed regulation defines a public charge to be a person who receives certain public benefits above certain defined threshold amounts or for longer than certain periods of time.
“ Importantly, by law, the public charge inadmissibility determination is a prospective determination based on the totality of the circumstances, which includes statutorily required factors such as age, health, family status, assets, resources, financial status, education and skills.
“In making this determination, DHS is proposing to consider current and past receipt of designated public benefits above certain thresholds as a heavily weighed negative factor.
“The rule would also make nonimmigrants who receive or are likely to receive designated public benefits above the designated threshold generally ineligible for change of status and extension of stay.
“The public benefits proposed to be designated in this rule are federal, state, local, or tribal cash assistance for income maintenance, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), Medicaid (with limited exceptions for Medicaid benefits paid for an ‘emergency medical condition,’ and for certain disability services related to education), Medicare Part D Low Income Subsidy, the Supplemental Nutrition Assistance Program (SNAP, or food stamps), institutionalization for long-term care at government expense, Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing. The first three benefits listed above are cash benefits that are covered under current policy.”
The proposed rule will be officially published in the “Federal Register” in the coming weeks and the public will be able to comment on the proposed rule for a period of 60 days. After that, the Department is likely to either amend or implement the rule.