New Biden rule could make Trump’s ‘Public Charge’ policy harder to rollback

WASHINGTON – The Biden administration on Thursday said it would propose a regulation that some say would make it more difficult for future administrations to reinstate Trump’s “public charge” policy allows officials to deny permanent residency to immigrants who have received or are most likely to need the public good.

Immigration advocates, who have criticized the progress President Biden has made over the past year in reversing his predecessor’s immigration policies, welcomed the announcement. Although former President Donald J. Trump’s rule was halted last year, immigrants hoping to get a green card will continue to be eligible. be careful when doing anything that they fear could jeopardize their chances of getting sick, including going to the hospital or getting a Covid-19 vaccine.

Tanya Broder, an attorney with the National Center for Immigration Law, said: “Longstanding concerns about Trump’s rule have made it ‘much harder’ to deal with the pandemic’s harms” Immigrants do not have permanent legal status. The Trump administration’s rule went into effect in February 2020, just weeks before the spread of the coronavirus in the United States became apparent.

While Trump’s policy hasn’t been in effect for nearly a year, the Biden administration of new rules will be more resilient to potential legal challenges and harder to reverse by the new administration one it was released last Marchpolicy experts said. According to the Department of Homeland Security, the administration followed a court order to introduce a new regulation.

In U.S. immigration law, the idea of ​​public charge has been pre-applied to people who are considered likely to be primarily dependent on the federal government for survival, such as through cash assistance. public or institutionalized long-term care. Mr. Trump’s rule broadened the definition, changed what has been the norm for 20 years, and is seen by many as a way to stay away from poor immigrants.

However, the Trump administration Expanded list of benefits that could make a new immigrant ineligible for permanent residency, for example more Medicaid, food stamps and subsidized housing. The policy has led many families to vote for benefits, even if they have children who are U.S. citizens, and can use such programs without affecting their immigration applications, the researchers say. surname.

In November 2020A federal district court ordered the Trump administration to stop enforcing the policy.

Last March, the definition was back as it was before; The new proposal will continue to use the old language.

“The 2019 public charge regulation does not align with the values ​​of our nation,” Alejandro N. Mayorkas, the homeland security secretary, said in a statement Thursday. “Under this proposed rule, we will revert to a historical understanding of the term ‘public charge’ and individuals will not be penalized if they choose to access medical benefits and other additional services. government for them.”

The proposed new regulation, which will be made public within 60 days of being published in the Federal Register, is “more legally defensible,” said Julia Gelatt, a senior policymaker. ”, because it is going through the government rule-making process. Analyst at the nonpartisan Migration Policy Institute. It also adds specificity to some of the terms and clauses in the first part 1999 guideso there will be less explanation,” she said.

Trump’s regulation has fueled fear in immigrant communities so much that some who do not follow the public dues regulation begin to avoid public benefits all together.

Advocates said they hope the proposed new rule will make immigrants more comfortable applying for public benefits for which they are eligible, which can vary by state.

“The upcoming public dues regulation is particularly significant given the persistent chilling effect we have seen among communities,” said Krish O’Mara Vignarajah, executive director of the Lutheran Immigration and Refugees Authority. Co-immigrants are afraid to access the benefits to which they are entitled. “Equally important is the outreach the government will extend to educate affected communities.” New Biden rule could make Trump’s ‘Public Charge’ policy harder to rollback

Fry Electronics Team

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