By: Amanda Suarez
On January 27, 2020, the Supreme Court came to a 5-4 vote that granted a stay allowing the federal government to implement their new policy that makes it more difficult for immigrants who use public benefits to obtain legal status.[1]The stay means that the government is allowed to pursue their new policy in every state except Illinois due to an injunction by a federal court.
U.S. Citizenship and Immigration Services (USCIS) issued a press release on January 30, 2020 announcing that the new rule called the Public Charge Grounds final rule (“Final Rule”) would go into effect on February 24, 2020.[2]The Final Rule would allow USCIS to consider factors such as age, health, income, education and skills, and others to determine whether an individual is likelyat any timeto become a public charge.[3]
“Self-sufficiency is a core American value and has been part of immigration law for centuries. President Trump has called for long-standing immigration law to be enforced, and U.S. Citizenship and Immigration Services is delivering on this promise to the American people,” said Ken Cuccinelli, the Senior Official Performing the Duties of the Deputy Secretary for DHS.[4]“By requiring those seeking to come or stay in the United States to rely on their own resources, families and communities, we will encourage self-sufficiency, promote immigrant success and protect American taxpayers.”[5]
So, what exactly is a public charge? A public charge is a ground of inadmissibility in federal immigration law.[6]In other words, relying on government benefits could mean that you are not eligible to obtain legal status in the United States.
The new policy stems from the Trump Administrations tough stance on immigration. Many claim that immigrants take all the public benefits from hard-working taxpayers. However, statements like these can be deceiving. First, there are very strict requirements to be eligible for public assistance.[7]Undocumented immigrants are not eligible for most federal assistance programs, and Lawful Permanent Residents often need to wait five years before receiving assistance.[8]Moreover, immigrants pay more than $90 billion in taxes, while only receiving $5 billion in public assistance.[9]
This policy could be detrimental for lower or middle income immigrants and their families. Many immigrants work low paying jobs that would not be enough for them to live comfortably. Public assistance like food stamps or health care allows these immigrants to provide for themselves and their families and meet their basic human needs. Public assistance alone is rarely enough to provide for an entire family without some other source of income.
Immigrants who hear of the new policy change may be prompted to refuse public benefits in order to preserve their eligibility. This could mean that children would lose their health care or the money that allows them to eat. This fear has prompted some states like Philadelphia to work with nonprofits to try to get families the help that they need.[10]As the Kaiser Family Foundation states, “Decreased participation in these programs would contribute to more uninsured individuals and negatively affect the health and financial stability of families and the growth and healthy development of their children.”[11]
Many immigrants fled their home countries to avoid violence and provide a better life for their families.[12]While it may be true that some immigrants take advantage of the public welfare system, the same can be said for other Americans who are not immigrants. An entire group of people should not be generalized based on what some members of the group have done. Rather than being effective at deterring immigration, it is likely that this new policy will just have a detrimental effect on poor families that will lead to decreased overall health for the immigrant community.
[1]Department of Homeland Security, et al. v. New York, et al, 589 U.S. ___ (2020) (on application for stay), available at https://www.supremecourt.gov/opinions/19pdf/19a785_j4ek.pdf.
[2]USCIS Announces Public Charge Rule Implementation Following Supreme Court Stay of Nationwide Injunctions, U.S. Citizenship and Immigration Services, available at https://www.uscis.gov/news/news-releases/uscis-announces-public-charge-rule-implementation-following-supreme-court-stay-nationwide-injunctions
[3]Id.
[4]Id.
[5]Id.
[6]Public Charge, U.S. Citizenship and Immigration Services, available at https://www.uscis.gov/greencard/public-charge.
[7]Fact Sheet: Immigrants and Public Benefits, National Immigration Forum, available at https://immigrationforum.org/article/fact-sheet-immigrants-and-public-benefits/.
[8]Id.
[9]Immigrants and the Economy, ACLU, available at https://www.aclu.org/other/immigrants-and-economy.
[10]Cherri Gregg, Supreme Court approves rule that may impact immigrants’ use of public benefits, KYW News Radio, available at https://kywnewsradio.radio.com/articles/news/public-charge-law-may-thwart-low-income-immigrants-benefits.
[11]Changes to “Public Charge” Inadmissibility Rule: Implications for Health and Health Coverage, Kaiser Family Foundation, available at https://www.kff.org/disparities-policy/fact-sheet/public-charge-policies-for-immigrants-implications-for-health-coverage/.
[12]Fleeing for our lives: Central American migrant crisis, Amnesty International, available at https://www.amnestyusa.org/fleeing-for-our-lives-central-american-migrant-crisis/.
