Tuesday, August 7, 2018

Trump Administration Wants to Limit Citizenship for Legal Immigrants


The Trump Administration is expected to Issue a Proposal in coming weeks that would make it Harder for Legal Immigrants to become Citizens or get Green Cards if they or their Family, have ever used a Range of Popular Public Welfare Programs, including Obamacare. The move, which would not need Congressional Approval, is part of White House Senior Adviser, Stephen Miller's plan, to Limit the Number of Migrants who obtain Legal Status in the U.S. each year.

Immigration Lawyers, Advocates, and Public Health Researchers say it would be the biggest Change to the Legal Immigration System in Decades and estimate that more than 20 Million Immigrants could be affected. They say it would fall particularly hard on Immigrants Working Jobs that don't pay enough to support their Families.

Using some Public Benefits like Social Security Insurance has already hindered Immigrants from obtaining Legal Status in the past, but the Programs included in the recent Draft Plan could mean that Immigrant Households Earning as much as 250% of the Poverty Level could be Rejected.
A Version of the Plan has been sent to the White House Office of Management and Budget, the Final Step before Publishing a Rule in the Federal Register.

A Spokeswoman for the Department of Homeland Security (DHS) said, "The administration is committed to enforcing existing immigration law, which is clearly intended to protect the American taxpayer by ensuring that foreign nationals seeking to enter or remain in the U.S are self-sufficient. Any proposed changes would ensure that the government takes the responsibility of being good stewards of taxpayer funds seriously and adjudicates immigration benefit requests in accordance with the law."

Miller, along with several of his former Congressional Colleagues who now hold Prominent Positions in the Trump Administration, have long sought to Decrease the Number of Immigrants who obtain Legal Status in the U.S. each year. And even before the Rule is in Place, the Administration has made it more difficult for Immigrants to gain Green Cards and for Green-Card Holders to gain Citizenship.

In Fiscal year 2016, the last full Fiscal year under the Obama Administration, 1.2 Million Immigrants became Lawful Permanent Residents, or Green-Card Holders, and 753,060 became Naturalized U.S. Citizens, according to Data from U.S. Citizenship and Immigration Services (USCIS). Data from the First Quarter of Fiscal year 2018 indicates that the Administration is on track for a Decline in Immigrants Granted Green Cards by 20% and Naturalized Citizenship will Drop by 10% by the End of October compared to Fiscal year 2016.

Four Immigration Lawyers practicing in California, Massachusetts, Virginia, and Tennessee said they have noticed a Spike in the Number of their Clients being Rejected when seeking Green Cards and Naturalized Citizenship.

Though its Effects could be far-reaching, the Proposal to Limit Citizenship to Immigrants who have Not Used Public Assistance does not appear to need Congressional Approval. As the Clinton Administration did in 1999, the Trump Administration would be Redefining the Term "Public Charge," which first Emerged in Immigration Law in the 1800s in order to Shield the U.S. from Burdening too many Immigrants who could Not Contribute to Society.

Rosemary Jenks, Executive Vice President of NumbersUSA, which Promotes Limited Immigration, said the New Rule and the Increased Scrutiny around Green Card and Citizenship Applications are all part of a New Focus at DHS on Enforcing the Law and Preventing Fraud. "Applications for renewal or adjustment of status that have been filed with the government before are being re-examined to look for fraud," Jenks said.

In light of this, Immigration Attorneys are cautioning their Clients before moving from Green-Card Status to Citizenship. Rose Hernandez is the Supervising Attorney at the Tennessee Immigrant and Refugee Rights Coalition's Naturalization Clinic. She said the Clinic's Model has completely Changed in Light of the Crackdown. She now sends Six Information Requests to Government Agencies to Check on Green-Card Holders' Backgrounds before she Advises them to File for Citizenship. If the Government finds something she doesn't, the Fear is the Applicants could Lose their Green Cards and be sent Home.

And other Immigration Attorneys are preparing to push back fiercely against the Public Charge Rule. "Any policy forcing millions of families to choose between the denial of status and food or health care would exacerbate serious problems such as hunger, unmet health needs, child poverty, and homelessness, with lasting consequences for families' wellbeing and long-term success and community prosperity," said the National Immigration Law Center in a Statement.









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