From this Monday, the immigrants who choose the permanent residence in U.S, seek to change their status or aspire to a visa will be subject to the scrutiny of the Government of Donald Trump to determine if it uses or may eventually require public benefits to survive.
The so-called “public charge“It begins to be applied from this Monday after two Supreme Court rulings that reversed the court decisions of the states of New York, California, Washington, Illinois and Maryland that blocked its entry into force last October.
The controversial regulation, however, has several lawsuits pending.
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Who is a public charge?
According to Catalina Sol, executive director of the People’s Clinic, the “public charge” is a test that applies to those who request permanent residence, also called “green card“.
“It is a very old rule, it has more than 100 years and its objective is to make sure that one is not going to become a burden for the State,” he said.
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What is the main change?
“Now what changes is what is considered to determine if one is going to become a burden,” he added.
Mainly, the rule increases the list of public benefits that the authorities will consider.
However, the expert clarifies that the rule should not affect applicants, since in order to qualify for most federal public benefit programs it is required that the person has been a permanent resident for five years.
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“We understand that this is a new rule that is really designed to scare people who are eligible to disengage from the programs and not continue to participate in them, although they are entitled to them,” he said.
What benefits count and which don’t?
Sol explained to Efe that it was previously evaluated whether “the person had received mainly financial assistance from the State.”
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This included cash grants and if the person had remained in health institutions for some time due to medical problems.
The new standard will also consider:
– The nutritional assistance program, certain housing aids, health aids, (except for children under 21 and women pregnant women and up to 60 days after delivery) and financial aid in cash.
What are the excluded benefits?
– Health insurance for children, nutrition programs for women and children, education, job training, certain housing grants, child care services, energy assistance for low-income families, emergency disaster relief, child care Temporary and adoption assistance.
Who is not affected by this rule?
– Refugees.
– Asylum seekers.
– People covered by the Law of Adjustment of Status for Cubans.
– People covered by the Law of Adjustment of Status for Nicaraguans and Help for Central America (NACARA).
– Persons covered under the Equity Law for Haitian Refugees (HRIFA).
– Applicants and holders of a T visa (victims of trafficking).
– Applicants and U visa holders (victims of criminal acts).
– Temporary Protection Status (TPS), among others.
Source: Citizenship and Immigration Service (USCIS).
Possible consequences
Catalina Sol warned that there are immigrants who already have citizens who have expressed their fear that they may be withdrawn if they access public benefits and that there are permanent residents who fear that they will be affected when applying for citizenship.
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“None of those things are true,” said Sol, but issued a long-term warning: “One in four children in this country has a father or mother. immigrant“that can unlink them from food or health care programs.
“That is a whole generation that could be devoid of basic things that are needed for their quality of life: food, housing, health,” he said.
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