Democrats are calling on Trump to withdraw legislation that limits green cards to people on public benefits
NEWNow you can listen to Fox News articles!
More than 125 Democrats in Congress are pushing the Trump administration to withdraw a proposed rule that would open the door to denying someone a green card if they use public assistance, including Medicaid or food stamps.
“This proposal punishes families for caring for their children. It would scare parents away from the health care, food assistance, and education that US children are legally entitled to, putting children at risk and weakening entire communities,” said Rep. Adriano Espaillat, DN.Y., chairman of the Congressional Hispanic Caucus, in a statement to The Hill.
“Congress never intended for public money to be spent in this way, and we want DHS to withdraw this dangerous proposal before it causes real and lasting harm to American families,” Espaillat said.
The Homeland Security Department’s proposal would repeal a law passed in 2022 under the Biden administration that reinstated a long-standing but narrow definition of “civil crime.”
VISA-SEARCHING VIRGIN VISITORS WANTING VISA EXTREMELY TO SAVE LIVING COSTS, PAYMENT COSTS
The DHS proposal would repeal legislation passed in 2022 under the Biden administration that reinstated a long-standing but narrow definition of “public cost.” (Getty Images)
The 2022 law defined a “public charge” as someone who is “heavily dependent” on government assistance, specifically people who receive income support or nursing home care at government expense. Many non-cash benefits such as Medicaid and food stamps are not counted in determining the social charge under that law.
The new DHS proposal says the Biden-era policy is a “straitjacket” for immigration officials that prevents them from considering “all factors and information related to the possibility of an alien at any time becoming a public criminal.”
Opponents of the change proposed by the Trump administration fear that it will open the door to green card denials to people who would otherwise not qualify and that will lead to immigrants not seeking the assistance they are eligible for because of concerns that it will affect applications for green cards.
If the proposal is finalized, the Trump administration would have no official definition of what it means to be a civil servant. This will give immigration officials broader discretion to consider a broader list of factors and potentially additional types of benefits in determining what constitutes a public charge, moving away from the “highly dependent” factor included in the 2022 law.
In urging the federal government to drop the proposal, 127 Democrats said the legislation would create “immediate and widespread uncertainty,” according to The Hill.
Democrat lawmakers objected to the official’s comment that immigration officials would be forced to make a civil case decision with little oversight.
DHS TO DEPOSIT $1K FOR IMMIGRANTS GRANTED PERSONAL PAROLE
A new DHS proposal says the Biden-era policy is a “disturbance” for immigration officials. (Andrew Caballero-Reynolds/Getty Images)
“Removing these definitions invites arbitrary decision-making and creates a greater risk that judges will rely on material that Congress did not authorize,” the lawmakers wrote to DHS.
“This proposed rule does not guarantee that judges will refrain from considering benefits earned during periods when the federal government clearly states that those benefits have no immigration consequences,” they continued.
Lawyers also say that this proposed law opens the door to punishing people who used assistance programs in the past when there was no risk of receiving benefits.
“Families seeking redress — including refugees, survivors of domestic violence or trafficking, abused, neglected, or abandoned children, and others whom Congress has long exempted from civil litigation — cannot navigate a system where laws change without warning and where past, legitimate behavior the federal government has said was permissible,” they wrote, can be redefined.
“To be clear, this proposed legislation will have a devastating impact, driving deserving families away from critical assistance in health care, nutrition, child care and education, and causing significant harm to the children of American citizens,” the lawmakers said.
Democrats say the proposed law opens the door to punishing people who used welfare programs in the past when there was no risk of receiving benefits. (Andrew Harrer/Bloomberg via Getty Images)
Another group of Democrats also submitted comments in support of the plan to change the long definition of public charge.
“Since the term was first coined as an immigration restriction in 1882, it has been consistently interpreted to mean a person who is, or may be, primarily dependent on the government for his care (ie, a person who is a ‘payee’ or ward of the government),” Rep. Jaime Raskin, and D.-D. Democracy in their committees of the Court of Justice, said in comments signed by other lawmakers, according to The Hill.
CLICK HERE TO DOWNLOAD THE FOX NEWS PROGRAM
“Over the years, the method of determining such ‘fundamental dependence’ has changed, but the principle itself has remained strong,” they added.
Under the 2019 civil case law issued during Trump’s first term, immigration officials were ordered to reject applicants using civil programs.
