By Attorney Michael Bhotiwihok
The Trump Administration’s Plan To Block Green Cards and Citizenship For Noncitizens Who Used Public Assistance Programs
The Trump Administration is planning to deny noncitizens either green cards or United States citizenship if an individual used a public assistance program in the past. Crafted by White House Senior Advisor Stephen Miller, this alarming proposal represents another pillar in the Trump Administration’s greater anti-immigrant policy to curb legal immigration in the United States, especially for refugees and asylum seekers, and forge ahead with a merit based immigration policy.
As a result, immigrants legally living in the United States who used or whose household members used Obamacare, children’s health insurance, food stamps, or other public benefits (i.e. transportation, housing vouchers and preschool child care) could be blocked from legal permanent residency and United State citizenship. Use of the following public benefits could become problematic for individuals applying for green cards and United States citizenship: Social Security Insurance (“SSI”), Supplemental Assistance Program (“SNAP”), and Children’s Health Insurance Program (“CHIP”).
The myth purported by the Trump Administrative focuses on noncitizens being a drain on public resources in the United States. The center of this new proposal stems from the concept of a “public charge.” The United States Citizenship and Immigration Services (“USCIS”) and the Department of State (“DOS”) consider whether to grant an individual’s immigration application for legal permanent residency or United States citizenship by weighing the likelihood that an immigrant will become dependent on the United States Government. Traditionally, the agencies would consider the totality of the circumstances, which included whether the noncitizen received public assistance, his or her age, capacity to earn of living, health, family situation, work history, affidavits of support, physical condition, and mental condition. A noncitizen is considered a “public charge” if he or she is “likely to become primarily dependent on the government for subsistence, as demonstrated by either 1) the receipt of public cash assistance for income maintenance or 2) institutionalization for long-term-care at government expense.”
With this new proposal, the Trump Administration is redefining the definition of “public charge” and expanding it to include immigrants who depend on Government assistance programs. It believes that the proper role of the United States Government is to ensure that legal immigration does not negatively impact existing Americans in the United States. Surprisingly, the Trump Administration may be unintentionally attempting to protect welfare benefits for poor and low-income United States citizens at the expense of those noncitizens entitled to the same public benefits.
Clearly, this new proposal continues to create fear in immigrant communities throughout the United States. Further, it will force non-citizens to forgo necessary health care out of fear and use public benefits designed for individuals in need. This continued anti-immigrant policy shows that the Trump Administration does not want to make American great again, but instead dehumanize America. The pathway to a green card or United States citizenship should not be blocked simply because an individual needed help along the way.
It should be noted that this disturbing proposal in its current state would only apply to individuals who utilized public benefits on or after the date that it becomes a rule. However, considering the unpredictability of the Trump Administration’s past immigration policies, noncitizens must stay abreast of the current laws and policies.
Any noncitizen who has used a public benefit must consult with an experienced and knowledgeable immigration attorney before applying for legal permanent residency or United States citizenship. As the Trump Administration continues to reshape the United States’ legal immigration policies, an immigration attorney’s advice is indispensible in navigating noncitizens through the immigration system.
