IISTL Bagels and Coffee: Changes to Public Charge Rule
Transcript of 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
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)
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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
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Trump Administration Immigration-Related Policy Changes 2017-2018*
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)
*Representative selection; NOT all inclusive
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Trump Administration Immigration-Related Policy Changes 2017-2018*
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
*Representative selection; NOT all inclusive
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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
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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
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IISTL Bagels and Coffee: Changes to Public Charge Rule
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
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IISTL Bagels and Coffee: Changes to Public Charge Rule
Blake HamiltonVice President of Programs
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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
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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
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Public Charge Scenarios
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
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Public Charge Scenarios
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
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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.
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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
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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