Tuesday, December 4, 2018

On the new public charge rule

As I discussed here last spring, the Trump Administration has proposed a new rule to enforce the statutory ban on admitting any alien who is "likely to become a public charge." The new definition of public charge will be "an alien who receives one or more public benefits." That replaces the old interpretation of a public charge as someone who "primarily" relies on certain cash handouts or long-term care. In my opinion, the new rule is clearly an improvement, but it doesn't go far enough. Here are the five key points from the formal comment I submitted:
1. Immigrant welfare use is high. 
2. The public charge law is rarely enforced 
3. Any receipt of means-tested anti-poverty benefits by immigrants or their dependents should count toward the public charge determination 
4. Immigrants without at least some college should bear a heavy burden in proving they will not become public charges. Having a job is not enough. 
5. Case-by-case discretionary power should be limited.
Please read the whole thing for the details. The comment period is open until December 10.

Also, please enjoy this video of me talking about the problem of immigrant welfare use.

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