How Public Benefits may Affect Immigrants’ Path Towards Green Cards

The Trump administration proposed expanding its pre-election crackdown on immigration by denying green cards to legal immigrants if they have received government assistance. Under the new rule, immigrants can be denied so-called “lawful permanent residency” if they’ve received certain government benefits — or if the government anticipates that they may do so in the future.

 
Who’s going to be affected? 
If this new regulation is approved, mainly legal immigrants and their families will be affected since undocumented immigrants are not eligible for federal benefits. The regulation could force millions of low-income families to choose between government assistance and permanent settlement in the United States.
 
What are the targeted programs? 
The benefit programs targeted include the the Supplemental Nutrition Assistance Program (food stamps), Temporary Assistance for Needy Families (welfare), Medicaid, Medicare Part D (prescription drug subsidies) and Section 8 (housing vouchers).
 
Which assistance programs are exempt? 
The 447-page proposed rule will not be targeting immigrants who have received health insurance under the Affordable Care Act or the Children’s Health Insurance Program. The rule also bypasses the earned income tax credit, a refundable tax break for low- to moderate-income families.
 
How will the new regulation be applied? 
The rule would apply to benefits received in the 36 months preceding an application, but only after the regulation takes effect. The prospective regulation wouldn’t apply to all immigrants. Refugees and asylees are exempt, as are certain victims of domestic violence and children who qualify for “special immigrant juvenile status,” which is available to minors who were abused, neglected or abandoned by a parent.
 
How will they know if I’m a public charge? 
Under the proposal, immigration authorities would employ three tests to determine whether a green-card applicant’s receiving government benefits might classify that person as a public charge. In the case of easily monetized benefits, such as cash assistance or food stamps, an immigrant could be denied a green card if he or she received government benefits exceeding 15 percent of the federal poverty level — currently $1,821 for an individual and $3,765 for a family of four. The proposed regulation would offer a more generous cushion for immigrant families than an earlier draft that set the yearly threshold at just 3 percent of the poverty level.
 
In the case of harder-to-monetize benefits, such as Medicaid or public housing, the threshold would be the receipt of benefits for more than 12 months over the previous 36 months. In cases where an immigrant did not exceed the threshold of 15 percent for monetized assistance, but also used harder-to-monetize benefits, the threshold for the latter would be an aggregate nine months of use over the previous 36 months.
 
Applicants for an immigrant visa would be invited to offer affirmative proof of financial stability if they’ve used public benefits, but the hurdle would be significant. Green-card applicants would be less likely to be penalized, for instance, if they could demonstrate financial resources or support totaling 250 percent or more of the federal poverty level — $30,350 for an individual and $62,750 for a family of four.
 
Something to keep in mind:
Under the new proposal, prospective immigrants likely to become a public charge could be required to post a bond for a minimum amount of $10,000, which would be returned upon naturalization or when an immigrant departs the United States.