Trump’s Pubic Charge Rule
You may remember that former President Trump instituted a rule that applicants for adjustment of status (green cards) must show that they are not a “public charge” upon society. It is important to note that this rule was ALREADY IN EFFECT at the time the Trump administration instituted its more harsh version of this regulation. The Trump medication of this rule has had devastating effect upon the immigrant population as a whole.
First, the Trump public charge rule has had a chilling effect on various legal filings and in various ways. The Law360 artcile details this conclusion. The article states:
The Washington, D.C.-based think tank found in its 2020 Well-Being and Basic Needs Survey that the Trump administration’s so-called public charge rule — which penalizes immigrants for using public benefits — discouraged individuals from taking advantage of programs such as Medicaid, housing assistance and nutrition benefits.
The rule’s most significant effects were observed in families where one or more members did not have a green card, according to the Urban Institute.
Critics of the rule say that it discourages immigrants from seeking public benefits to which they are entitled out of fear that it could weigh against them in the future, an especially pressing concern amid the coronavirus pandemic.
“The continued chilling effects experienced by immigrant families in 2020 are alarming in the context of the pandemic, during which people of color, many of whom are part of immigrant families, have disproportionately experienced economic and health hardships,” the Urban Institute said in its release.
As the virus ravages the country, a New York federal judge found last July that states and nonprofits challenging the rule had shown “ample evidence” that it discouraged immigrants from seeking out free COVID-19 testing.
I believe that President Biden will now amend this “public charge” rule so that it returns to the former status where applicants for permanent residency were required to demonstrate that they would not become a public charge in the future; but that former use of Medicaid benefits would not become an absolute preclusion to achieving permanent resident status.
- Reynold Finnegan
Comments are closed