The administration of U.S. President JoByden on February 17 imposed new rules that will obscure the number of applicants that can be important for immigrants who apply for permanent residence in the United States or the withdrawal of a green card or the issue of a green card.
Under the proposal, US immigration officials would only consider participation in income assistance programs such as Supplemental Security Income and Temporary Assistance for Needy Families, as well as publicly funded long-term care , subject to whether immigrant applicants can become a public charge.
At the moment, the definition of "public burden" includes:
Supplemental Security Income;
Temporary Assistance for Needy Families;
any federal, state, local, or tribal cash assistance programs for income support (often called general assistance in a state context, but which may exist under other names);
Supplemental Nutrition Assistance Program; housing assistance under the Section 8 program as part of the Housing Choice Voucher Program; the Section 8 program as part of housing rental assistance; public housing (pursuant to the Housing Act of 1937, 42 USC 1437 et seq.);
the federally funded Medicaid program (with some exceptions). If the proposal of the Biden administration is approved, this list will be reduced to only three items, which will make life much easier for immigrants. public burden", introduced by the administration of Donald Trump.
They dramatically expanded the type and number of aids that will count for non-green card applicants, including housing vouchers, food stamps and Medicaid.
While the Trump administration argued that the changes, which included stricter income-based requirements, promoted "self-sufficiency" among immigrants, supporters denounced the 2019 rule as a wealth test targeting low-income immigrant communities. In March 2021, the Biden administration stopped defending the Trump-era "public burden" rule against several lawsuits and rescinded it after court orders that ruled the 2019 changes illegal were reinstated. Alejandro Major cas.
"Under this proposed rule, we will return to the historical understanding of the term ``public burden,'' and people will not be penalized for health benefits and other services available to them." The Department of Homeland Security, which handles green card applications, said the 2019 rules deterred immigrants from accessing essential public benefits.
The term "public burden" was first incorporated into US immigration law in the late 19th century, when the federal government began to restrict immigration, especially from non-European countries. The rule will be open for public comment for 60 days after publication in the Federal Register.
