iistl bagels and coffee: changes to public charge rule

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IISTL Bagels and Coffee: Changes to Public Charge Rule

Anna E. CrosslinPresident and CEO

Jim HackingFounder of Hacking Law Firm

Blake HamiltonVice President of Programs

http://www.iistl.org/

Citizenship Track

416-675k annually

Temporary Visa Holders

9 Mil annually

Undocumented or

Out of Status10.7 Mil (est.)

Immigrants, aka Permanent

Legal Residents

Visitors

Students

Guest Workers (H-2a & H-2b)

Crossed Border Illegally

Overstayed Time-Limited Visa

Family-Sponsored

Employer-Sponsored, akaLabor Certification (H-1B)

Diversity Visas, aka“The Lottery”

Refugees

Political Asylees

Artists, Entertainers & Athletes

Intra-company Transfers

Special Occupations

Temporary or Seasonal Workers

Yes!

No!

Usually NotOPT

Yeswith time limits

No!

Categories of Foreign-Born in USSummarized by the International Institute of St. Louis www.iistl.org

Work-Authorized?

© 2018, please do not copy without permission (314-773-9090 x 119)


Trump Administration Immigration-Related Policy Changes 2017-2018*

Immigration Enforcement• Border Security – The Wall• Interior Enforcement – Widespread Raids

& Deportations

US Department of Justice• Changes to hiring of immigration judges• Prioritization of immigration crime

prosecutions• No free attorneys for Unaccompanied

Minors• Zero-tolerance at Southern Border• Pause in Legal Orientation Program• Limit continuances• Changed performance standards for

immigration judges• Revised case processing priorities

*Representative selection; NOT all inclusive




Humanitarian Flows• Refugees

• 120-day travel ban (2017)• Increased vetting• Historic reductions in refugee admissions• Closures of 50 US-based refugee resettlement offices• Upcoming: Governor & Mayor resettlement permission

• Asylum• Raised standards for Credible-Fear interviews• Limits on Asylum Hearings• Limits on Asylum for Victims of Private Violence• Asylum ban (injunction)• Migrant Protection Protocols (MPP)/Remain in Mexico• On-going detention of Arriving Families, children and

asylum seekers• Unaccompanied Minors• Temporary Protected Status • For nationals of Sudan, Nicaragua, Nepal, Haiti, El Salvador &

Honduras (injunction)





US Department of State• Three travel bans (still in place for 6 predominantly Muslim nations)• Suspension of Visa Interview Waiver Program• Slowed pace of nonimmigrant visa interviews• Upcoming – a rule making it more difficult for J-visa holders (scholars & temporary

exchange visitors) to remain in US

US Citizenship & Immigration Services & US Department of Labor• USCIS revises mission statement removing “nation of immigrants”• Creates Denaturalization Office• Rescission of DACA & DAPA (injunction)• Immigrant Visas

• Family Reunification – changes in public charge rule• Employment-Based (H1-B)• Increased scrutiny for Marriage Petitions and for EB-5 Regional Centers

• Nonimmigrant Visas• Suspension of Premium Processing for H1-B petitions & limits on double filings• Change in calculating unlawful presence for international students and exchange

visitors




Immigrant & Nonimmigrant Visas Issued at Foreign Service Posts

Fiscal Years 2014 - 2018

Category 2014 2015 2016 2017 2018

Immigrant 467,370 531,463 617,752 559,536 533,557

Non-Immigrant 9,932,480 10,891,745 10,381,491 9,681,913 9,028,026

Total 10,399,850 11,423,208 10,999,243 10,241,449 9,561,583



For Further Information

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-august-2019.html

https://www.migrationpolicy.org/research/immigration-policy-changes-two-years-trump-administration

https://www.uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility




https://www.uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility



Jim HackingFounder of Hacking Law Firm


Public ChargeAny alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is

likely at any time to become a public charge is inadmissible.

Immigration & Nationality Act 212(a)(4)

What are we talking about?Legal Immigration

Adjustment of Status

Consular Processing

Current SafeguardsPrimary Dependence on Government

Officer Discretion

Affidavit of Support

Sponsors

Co-sponsors

Prior Use of Government BenefitsTANF (“welfare” or SSI)

Long-term institutionalized care

Burden on immigrant to show not likely they will need these resources in the future

Currently Excluded BenefitsPublicly-funded health care

Nutrition

Housing Programs (Section 8)

Rarely an issueIn the past 12 years, our office has processed approximately 1,250

green card and consular processing cases.

Total number of times this issue has arisen:

Once.

Where We StandApplications for adjustment or for consular processing

filed on or after October 15, 2019

800 page new rule

Lawsuits underway

New RuleNo longer whether person likely to become “primarily dependent”

Anyone who receives public benefits for more than 12 months over three year period

If someone receives two benefits in one month, counts as 2 months of benefits

Expanded List of BenefitsMedicaid

SNAP (“food stamps”)

Federally subsidized housing (“Section 8)

Any cash state or local assistance program

Still ExcludedBenefits received by family members

Medicaid received while under 21

Medicaid received while pregnant

Prospective-lookingOfficer’s discretion to assess likelihood of future need for benefits

Consider financial status, size of family, age, education, skills and employment

Can consider English ability, medical conditions, private health insurance and past use of fee waivers

Declaration of Self-SufficiencyImmigrants will have to swear to be self-sufficient in the future

Bonds may be available but unlikely

Heavily Weighted FactorsNegative: Past use of benefits

Positive: Household income over 250% of the federal poverty guidelines - $57,000 for a single person

Solution in Search of a ProblemWar on immigrants continues

War on poor people

Fits in “gimme, gimme, gimme” narrative

Anti-American



Blake HamiltonVice President of Programs



Who is affected by new Public Charge rules?

• Green Card Applicants – Those seeking legal permanent residence in the US.

• Non-Immigrant visa holders who attempt to adjust their status or extend their stay• H1-B• International Students• Temporary workers

• Examples of particularly vulnerable people• Parents or children of refugees seeking family reunification • Refugees/asylees seeking a green card more than five years after arrival to US• Green card holders who marry spouses overseas



Public Charge Scenarios

Parents or Children of Refugees Seeking Reunification

• Charles, 52 years old

• Seeks reunification with child, Abraham, 16 years old

• Affidavit of Support filed but several negative factors exists• Abraham is younger than 18 years old• Abraham lacks a high school diploma, higher education and/or job skills and

training• Abraham does not speak English




Refugee who does not transition to Legal Permanent Resident status within 5-years of arrival

• Emina, 62 years old

• Arrived in 2002

• Never transitioned from I-94 to Green Card• Emina has limited earnings potential• Emina has a large household• Emina has received 13 months of public benefits since 5 years after arrival




Green Card holders who marry abroad

• Arash, 35 years old

• Married Benesh while visiting family

• Several negative factors related to Public Charge exist• Benesh is currently in poor health• Benesh doesn’t have a work history• Arash works as a rideshare driver and has not reported all of his income



Share of Recent Green-Card Holders with Negative Factors, (%), 2012-16

Source: Randy Capps, Mark Greenberg, Michael Fix, and Jie Zong, Gauging the Impact of DHS’ Proposed Public-Charge Rule on U.S. Immigration (Washington, DC: Migration Policy Institute, 2018), www.migrationpolicy.org/research/impact-dhs-public-charge-rule-

immigration.



The Chilling-Effect of the New Public Charge Rules

• Even though Public Charge may not apply, many immigrants already fear using benefits

• 1/5 of low-income, non-Green Card holding adults withdrew or did not apply for benefits due to fear of Public Charge - 2018 Urban Institute report

• 10.3 million noncitizens live in families in which at least one person receives either cash or non cash assistance -

• Not accessing lawfully provided benefits leads to more health problems, worse education outcomes, and more marginalization of immigrants



For Further Information

https://www.migrationpolicy.org/news/chilling-effects-us-public-charge-rule-commentary

https://www.uscis.gov/history-and-genealogy/our-history/public-charge-provisions-immigration-law-a-brief-historical-background

https://www.urban.org/sites/default/files/publication/100270/one_in_seven_adults_in_immigrant_families_reported_avoiding_publi_7.pdf


https://www.migrationpolicy.org/news/chilling-effects-us-public-charge-rule-commentary

https://www.uscis.gov/history-and-genealogy/our-history/public-charge-provisions-immigration-law-a-brief-historical-background

https://www.urban.org/sites/default/files/publication/100270/one_in_seven_adults_in_immigrant_families_reported_avoiding_publi_7.pdf

iistl bagels and coffee: changes to public charge rule

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