08/12/2019

On 08/12/2019, the U.S. Department of Homeland Security (DHS) announced a final rule that reinterprets one of its long-standing laws to make their position clear on the public charge responsibility of the government for aliens to the United States, whether they be temporary or permanent. This final rule amends DHS’ regulations by empowering them with the discretion of determining whether an alien of the United States will at anytime become a “public charge” in the future, thereby allowing them to determine the legal status of aliens to be inadmissible on those grounds. Although this is a law that has been set forth in the Immigration and Nationality Act for decades, its recent reactivation informs us a lot about the attitudes that the DHS and the USCIS have been taking towards immigration in the past few years.

 

The DHS has revised the definition of a “public charge” in the new rule to apply to any individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period. Further, in defining the term “public benefit” it includes any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistant Program (SNAP), most forms of Medicaid, and certain housing programs. Clearly, this is a relevant change in the Department’s policies that is set forth to take effect on October 15, 2019.

 

In terms of what this means for nonimmigrant aliens that are already in the United States and have received the designated public benefits above, they will no longer be eligible for a change of status or extension of stay within the country. This change unfairly targets poor immigrants and deprives them of crucial assistance that is necessary for their survival. In essence, the new enforcement of the law will discriminately block avenues for nourishment, education, and sustainability for immigrants – ultimately driving them lower into the economic strata.

 

Although these families are within the United States legally, they are still subject to severe distress and discrimination by the Trump Administration’s immigration agenda. Our advice to all of our clients and friends is to remain optimistic, and to contact a trusted attorney immediately to navigate you through these new advances in the immigration procedure. Whether you are opting for an adjustment of status, extension of stay, or have received benefits that might fall under the “public charge” inadmissibility law, there is still a chance that your case can be bypassed through careful tailoring by an experienced lawyer. We encourage you to contact Attorney Feng, who has helped numerous clients through the turbulent period of President Trump’s immigration crackdown, and can expertly assist you in all of your immigration needs.