Immigrants, Green Cards and Federal Assistance

BURBANK, CA - A Chicago judge ruled against Trump on Monday regarding denying green cards to immigrants who had used any public benefits.

The lawsuit was initially filed in September of 2019 by the Illinois Coalition of Immigrant and Refugee Rights and Cook County.

Under the "public charge" rule, the U.S. could deny visas and green cards to those who requested any public benefits. However, U.S. District Judge Gary Feinerman of Chicago, Ill. ruled against the Trump administration.

(Credit Department of Social Services website // Fruits and Vegetables)

Feinerman said that this rule violates the Administrative Procedure Act. The APA requires that federal agencies give notice of potential laws that include when the rule will be in effect and the agency's legal authority. It also requires agencies to solicit and accept public comments of the people the rule will affect.

Before the Illinois ruling, the "public charge" rule could be implemented nationwide. This left many families discouraged from getting health care and those with mixed-status family members very confused.

Carrie Chapman, the Senior Director of Litigation and Advocacy at Legal Council for Health and Justice, said that it is important that the immigrant community does not fear accessing healthcare services. She added, that people should not be intimidated to seek assistance when needed.

Undocumented immigrants and those under Deferred Action for Childhood Arrivals (DACA) cannot receive federal public benefits like The Supplemental Nutrition Assistance Program, Supplemental Security Income and Temporary Assistance for Needy Families among many others.

A 2013 research shows that public benefit programs are used less by legal non-citizen immigrants than by native born citizens. To qualify for a visa or green card, the applicant must show proof that they are self-sufficient.

Laurence Benito, the CEO of ICIRR, said blocking this discriminatory law was necessary to slow the spread of COVID-19.

Undocumented immigrants currently only qualify for vital services to protect their life or if they are in distressing economic situations. Some of the benefits undocumented immigrants qualify are the Women, Infants and Children program (WIC) and emergency care.

Due to an injunction issued on July 29, 2020, during the Covid-19 pandemic, DHS has stopped enforcing the rule.

As the litigation continues per the United States Citizen and Immigration Services, they will apply the 1999 version of "public charge."

The 1999 version allows for denial if they are "primarily dependent on the government for subsistence, as demonstrated by either (i) the receipt of public cash assistance for income maintenance or (ii) institutionalization for long-term care at government expense" according to the USCIS website.

By: Miriam Frutos Rodriguez

Contributions: NPR, AP News

Photo: Department of Social Services website

Audio: Miriam Frutos Rodriguez (commentary)

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