Wednesday, August 14, 2019

'Public charge' proposals would harm immigrant and POC



Another day, another Donald Trump policy against immigrants. A proposed rule would severely cut back the number of immigrants coming to the US, especially those  from Asia and Latin America, which have waits over two decades for the first step to become an American.

Monday (Aug. 12) the US Department of Homeland Security released a final rule making sweeping changes to the "public charge" test that will disproportionately block immigrants of color from obtaining lawful permanent residency, also known as green cards, inhibit immigrant workers and foreign students from extending or changing their visas, and undermine the ability of green card holders to re-enter the US if they have spent more than 6 months abroad.

Immigration authorities currently ask green card applicants to prove they won't be a burden on the country, but the new regulation explands the what public assistance programs that would disqualify immigrants, including green card holders awaiting citizenship. It would require caseworkers to consider the use of government housing, food and medical assistance such as the widely used Section 8 housing vouchers and the Supplemental Nutrition Assistance Program (SNAP).


The new rule will impose an unprecedented test to assess future benefits use that will penalize legal immigrants, especially immigrant seniors and all immigrants who are low-income, lack English language proficiency, have chronic medical conditions, and lack access to private health insurance, educational opportunities, and credit. 

According to a report by Migration Policy Institute, more than 941,000 recent green card holders, including approximately 300,000 from Asian countries, would likely have been excluded if the rule had already been in effect when they applied.

Despite the widespread outcry that led to over 260,000 public comments in the months following the proposed rule, the changes to the public charge criteria have been enacted and will go into effect in 60 days after formal publication scheduled for Wednesday, Aug. 14, which means it would go into effect Oct. 15.

However, the new law would likely face a slew of legal challenges that would most probably delay enaction into 2020 if survives the court battles.

“We strongly condemn the Trump administration’s changes to the public charge rule. This racist policy seeks to dramatically undermine the family-based immigration system that has been the backbone of our country and instead prioritizes wealthy immigrants. The public charge rule change continues the administration’s inhumane assault on immigrant families by increasing denials of green card applicants," said the Asian Americans Advancing Justice in a statement.

Hours after the administration announced its intention,  Santa Clara and San Francisco Counties which filed the first lawsuit in U.S. District Court. Their legal challenge is the first of numerous court complaints civil rights and immigrant advocacy groups have vowed to mount against the so-called "public charge" regulation, which they believe will penalize low-income immigrants and their U.S. citizen children.

A report by the UCLA Center for Health Policy Research, the UC Berkeley Labor Center and California Food Policy Advocates, found that California’s economy could lose $2.8 billion and up to 17,700 jobs because of changes to the “public charge” rule proposed by the U.S. Department of Homeland Security.

The Chairs of the Congressional Tri-Caucus – Congressional Asian Pacific American Caucus (CAPAC) Rep. Judy Chu, Congressional Black Caucus (CBC) Rep. Karen Bass, and Congressional Hispanic Caucus (CHC) Rep. Joaquin Castro – released the following statement on the final public charge rule:

“The Trump Administration’s new public charge rule is yet another cruel attempt to frighten and intimidate immigrant communities. It contradicts years of federal policy by restructuring our immigration system so that it favors the wealthy over communities of color and working families. Moreover, it relies on the false narrative that immigrants are a ‘burden’ on our country and ignores the fact that our country was built and continues to grow because of the contributions and sacrifices of immigrant families. The intent of this rule is to disregard that tradition and devalue the contributions of immigrants from all walks of life.
“This rule is detrimental to immigrant families who will now be forced to choose between taking care of their basic needs or having a future in America. We have already heard heartbreaking reports of immigrant families disenrolling from programs their families need because they are concerned that using benefits will jeopardize their immigration status," continued the statement.





“The Trump administration unveiled yet another heartless plan to block immigrants and people with disabilities from legally immigrating to the United States. The president effectively declared that you could be too old, too young, too poor, or too sick to come to this country," said Claudia Center, senior staff attorney at the ACLU’s Disability Rights Project.

“The proposed rule grows out of the absurd assumption that people with disabilities cannot be productive, valued members of our society. This is not only incredibly cruel, it’s illegal. The Rehabilitation Act makes it unlawful to discriminate against anyone on the basis of disability, whether or not they’re a citizen," she continued in her statement
In anticipation of the administration's action, in June Rep. Chu and 36 cosponsors today introduced a bill, the No Federal Funds for Public Charge Act, that would prohibit the use of federal funds to implement the Trump administration’s proposed “public charge” regulation. The bill, H.R. 3222, would create a barrier to the Trump administration’s attempts to vastly expand the number of people who may be deemed ineligible for lawful permanent residence (a “green card”) based on their household income, use of certain essential government services, and other criteria.

Under the current quota system, high-volume immigration countries like India, China, Mexico, and the Philippines experience the longest U.S. visa wait times.
_____________________________________________________________


No comments:

Post a Comment