Restoring Faith in Our Legal Immigration System

(i) Identify obstacles to access to immigration services and conduct a fair and effective assessment of these benefits, and make recommendations for their elimination, where appropriate and in accordance with applicable legislation; and WASHINGTON – The U.S. Department of Homeland Security (DHS) has released a final rule that will be published in the Federal Register, bringing clarity and consistency to non-citizens on how DHS will administer the public ground of inadmissibility. The rule restores the historical understanding of a „public fee” that had been in place for decades until the previous administration began considering additional public health services such as Medicaid and food aid as part of determining the ineligibility of public fees. The agreement announced today demonstrates the Biden administration`s commitment to restoring confidence in our legal immigration system. „This action ensures fair and humane treatment of legal immigrants and their United States. Family members of citizens,” said Homeland Security Secretary Alejandro N. Mayorkas. „In keeping with America`s core values, we will not punish individuals who choose to access the health and other additional government services available to them.” „In keeping with our nation`s values, this policy treats everyone we serve with fairness and respect,” said Mr. Jaddou, Director of U.S. Citizenship and Immigration Services. „While there is still much work to be done to overcome confusion and fear, we will continue to work to remove barriers in the immigration system, restore trust in our immigrant communities, and eliminate excessive burdens in the application process.” Section 212(a)(4) of the Immigration and Nationality Act (INA) inadmissible a non-citizen if he or she is „likely to become a public office at any time.” A non-citizen who is considered likely to become a „public burden,” meaning they are likely to become primarily dependent on the government, may be denied admission or lawful permanent residence (colloquially referred to as a green card). Prior to 2019, almost all cashless government benefits, such as Medicaid or food aid, were excluded from consideration.

The 2019 rule, which was eventually repealed and is no longer in effect, has led to a decline in enrollment in these programs among people who are not subject to the public ground of inadmissibility, such as children with U.S. citizenship in mixed-status households. Publication of this rule in the Federal Register avoids these effects by formally codifying the historical understanding of the term. Under this rule, as under the 1999 Interim Field Guidelines, which have been in effect for most of the past two decades, a non-citizen would be considered likely to become a public office if DHS determines that he or she is likely to become primarily dependent on the government. This determination is based on: First, we will discuss the President`s initiative to create a new task force that will promote the integration and inclusion of foreign-born immigrants, dismantle harmful policies stemming from the public charge of inadmissibility, promote naturalization, and take the initiative to revoke former President Trump`s memorandum to enforce the legal responsibilities of the sponsors of the I would like to ask the Commissioner whether he is prepared to accept the Commission`s proposal. (ii) Identify, if any, appropriate measures taken by the authorities to address concerns about the impact of current public pricing policies on the integrity of the immigration system and the public health of the country; As noted in Section 3 of the order, the Department of State, the Attorney General, and the Department of Homeland Security will review and revise all existing Agency regulations, orders, guidance documents, policies, and actions to ensure they are consistent with the President`s program for welcoming and assisting vulnerable immigrants. As part of this process, the government will remove barriers that make it difficult to obtain immigration benefits, including actions taken by the previous administration that do not promote fair access to the legal immigration system, such as the possible removal of USCIS fee increases and other problematic areas. (ii) identify any Agency actions that do not promote access to the legal immigration system – such as the final regulation entitled „U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements,” 85 Fed. Reg. 46788 (August 3, 2020), in light of the Interim Emergency Stabilization Act (Title I of Section D of Public Law 116-159) – and recommend action, revise or repeal, as appropriate and in accordance with applicable law, those Agency measures.

On 2/2/21, the White House issued an executive order requiring authorities to conduct a review of recent regulations, policies, and guidelines that have created obstacles to our legal immigration system, and ordered an immediate review of the government`s action on the inadmissibility of public charges. (86 FR 8277 of 05.02.21) Consistent with our character as a nation of opportunity and welcome, it is important to ensure that our laws and policies encourage the full participation of immigrants, including refugees, in our civic life; immigration processes and other benefits are delivered effectively and efficiently; and that the federal government remove the sources of fear and other barriers that prevent immigrants from accessing government services. Our nation is enriched socially and economically by the presence of immigrants, and we celebrate with them as they take the important step toward becoming citizens of the United States. The federal government should develop welcoming strategies that promote inclusion, inclusion and citizenship, and it should welcome the full participation of new Americans in our democracy. This NAFSA page contains links to important immigration-related changes and initiatives, particularly relevant to higher education, introduced by President Joe Biden`s administration. (Click here to view executive actions taken under the previous Trump administration.) Most notable is Section 6 of the order, which explicitly revokes former President Trump`s memorandum „Enforcement of Legal Responsibilities of Sponsors of Aliens,” which called on federal agencies to update procedures, guidelines, and regulations to ensure unauthorized immigrants do not receive federal income-related benefits. and the legal obligations of immigrant sponsors. Apply. This memorandum gave agencies the authority to seek reimbursement of benefits for every dollar of benefits an unauthorized immigrant receives from the guarantor of the affidavit.

It has been an exciting week in the world of immigration. As expected, President Biden signed a new set of executive orders on Tuesday that directly affect our immigration system. When setting public fees, DHS does not take into account benefits received by family members other than the claimant. DHS will also not consider receiving certain benefits in kind to which foreigners may be entitled. These benefits include: Supplementary Nutrition Assistance Program (SNAP) or other nutrition programs, Children`s Health Insurance Program (CHIP), Medicaid (except for long-term institutionalization), housing allowance, all benefits related to vaccination or screening for communicable diseases, or other additional or affected benefits. DHS will develop a manual of guidelines to help USCIS officials apply this rule fairly and consistently and better inform the public about how the rule will be implemented. DHS will also conduct outreach and engagement efforts to minimize the risk of confusion or deterrent effects among non-citizens and the United States.