eagle1462010
Diamond Member
- May 17, 2013
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The draft executive order would dramatically reorder longstanding policy regarding admissions, adjustment of status, deportation, and sponsor reimbursement. Among the key changes contemplated:
- Redefining “public charge” and “means-tested public benefits” to span a much wider variety of federal programs. The draft order refers to all “public benefits for which eligibility or amount is determined in any way on the basis of income, resources or financial aid.” Though rulemaking might narrow its scope, this definition could include a wide variety of federal programs such as school lunches, college financial aid, home heating assistance, and public health services that are not included in the welfare law’s means-tested definition.
- Deporting legal permanent residents for using benefits. Under current interpretation, green-card holders may become deportable as public charges only if they use cash welfare or are institutionalized in long-term care funded by the government. (Under the welfare law, they can only be deported as public charges within their first five years of U.S. residency.) If implemented as written in the leaked executive order, legal immigrants could be ordered deported for using a wide variety of benefits, potentially including food and nutrition assistance, federally subsidized health insurance through Medicaid or the ACA, and education benefits.
- Refusing to admit prospective immigrants who could become public charges. The executive order could also exclude large numbers of people who are otherwise eligible from being admitted as LPRs. As written, the order could be interpreted to make a high-school degree or better a prerequisite for admission or adjustment to a green card, for instance, or having a certain level of assets. The result could be restrictions on low-income or less well-educated immigrants from entering via some family reunification channels. And some people who are already in the United States—for instance nonimmigrants married to a U.S. citizen—would be unable to adjust to LPR status.
- Seeking repayment of benefits from sponsors. The draft order also instructs federal agencies to request reimbursement for benefits used by legal immigrants. (The welfare law currently allows agencies to collect benefits used by LPRs who have not become citizens or who have not worked for at least ten years.) The government would need to determine the cost of benefits used by each immigrant, locate his or her sponsor, send a notice requesting payment, and ultimately pursue the sponsor legally or hire a collection agency.