The Trump Administration has today announced a new policy which will make it harder for green card applicants who use public benefits to obtain citizenship
Ken Cuccinelli, the acting director of the US Citizenship and Immigration Services (“USCIS”), has cited the need to reinforce ideals of self-sufficiency and personal responsibility as the reason for the change. The move highlights the fact that the Trump Administration is taking a hard line stance against all forms of immigration, both legal and illegal as the effect of the policy will make it harder for legal immigrants who rely on government benefits like food stamps and subsidised housing to obtain permanent legal status and is widely viewed as an attempt to reduce the number of low income immigrants in the US.
The “public charge” rule
Rules already exist to bar immigrants who are likely to become a financial burden on society or “public charge” from coming to the US or remaining there and being issued with a green card. The Trump Administration is expanding the kinds of aid that can be used against a green card applicant although Cuccinelli noted that the plan would not apply to refugees or asylum seekers, immigrants who already have green cards, pregnant women or children. Immigration advocates still worry that large numbers of legal immigrants, including those not subject to the regulations, will give up much-needed benefits because they fear retaliation from immigration officials while others may “self-deport”.
The move is seen as part of a broader campaign by the Trump Administration as it attempts to reduce overall migration numbers but is expected to be challenged in court. The National Immigration Law Centre (“NILC”) has announced that it plans to sue to block the rule from going into effect on October 15 citing the fact that the government did not give weight to the thousands of objections that were raised during the rules process. The NILC also contends that the new rule is racially motivated and is intended to discourage people of colour from entering the US, an assertion the Trump Administration has denied.
