Doug Rand Profile picture
Sep 23, 2018 31 tweets 19 min read Read on X
What is this long-anticipated #PublicCharge rule affecting #immigrants that @DHSgov announced over the weekend? I've updated this detailed explainer from @chooseboundless, and here comes a TL;DR... 1/
boundless.com/blog/public-ch…
Bottom line: Although the Republican-controlled Congress isn't interested in slashing legal #immigration, the Trump Administration is pursuing a workaround through a unilateral @DHSgov regulation. 2/
The #PublicCharge rule is designed to significantly reduce the number of people who are eligible for green cards and other visas, by redefining what makes them dependent on government benefits -- *or likely to be in the future.* 3/
Prior versions of the #PublicCharge policy were leaked earlier this year & reported on by @yjtorbati (@Reuters), @DLind (@voxdotcom), @NickMiroff (@washingtonpost), & @JuliaEAinsley (@NBCNews). What @DHSgov just officially released is actually *less* aggressive in many ways. 4/
It expands the scope of off-limits gov't benefits to include food stamps, federal housing assistance, Medicare Part D, and non-emergency Medicaid benefits... 5/
...but doesn't *explicitly* penalize use of Obamacare subsidies, Earned Income Tax Credit, nutrition assistance for women and children (WIC), CHIP, home heating assistance, Head Start, and other benefits listed in earlier drafts. 6/
The new official #PublicCharge proposal also doesn't explicitly penalize a visa applicant if their spouse or children use these government benefits, which was one huge source of objection to the previously leaked drafts. 7/
And this #PublicCharge proposal doesn't address the deportability of *current* green card holders for using government benefits... 8/
...but yesterday @DHSgov sent reporters an official backgrounder stating: “The Department of Justice intends to conduct a parallel rulemaking on public charge deportability, and will ensure that the standards are consistent to the extent appropriate.” 9/
So much for moderation. Now let's turn to all of the ways that the @DHSgov #PublicCharge proposal is a massive departure from well over a century of precedent in immigration law. 10/
Penalizing #greencard applicants for actual prior use of non-cash benefits: This is a big deal, and has been widely covered in the press, but it's just one of many new potential traps... 11/
Blocking #greencard and other #visa applicants for "likely *future* use" of government benefits: This is where the #PublicCharge proposal gets really murky and expansive. 12/
How does @DHSgov want to evaluate whether you might become a #PublicCharge any any point in your life going forward? Let us count the ways... 13/
How old are you? Under 18 or over 61 could be a problem. 14/
How healthy are you? @DHSgov plans to scrutinize any medical condition and assess whether this could affect your ability to work. 15/
Got any kids? The more children or other dependents, the greater the likelihood of a visa denial. 16/
Do you have "adequate education and skills"? That could mean a high school degree or higher, plus English proficiency. 17/
How's your financial situation? Prepare to have @DHSgov look at your credit history, credit score, financial liabilities, and private insurance coverage. 18/
Do you earn more than 2.5 times the federal poverty line? That's annual household income of $41,150 (for a couple with no children) on up to $73,550 (for a family of five) or higher. 19/
These are all effectively new lines of scrutiny. We're talking about solidly middle class individuals getting their green card applications denied on #PublicCharge grounds, even if they would have never touched government benefits throughout their natural lives. 20/
*And* these new #PublicCharge factors wouldn't just apply to green card applicants, but also many temporary (“nonimmigrant”) visas. Last year, @DHSgov received over 233,000 applications for an extension or change in nonimmigrant status. 21/
I hope that the following facts about #PublicCharge get more attention, too: 22/
Congress has already barred most legal #immigrants from using the major federal social safety net programs until they’ve been permanent residents for 10 years. That includes welfare (TANF), food stamps (SNAP), disability benefits (SSI), and Medicaid. 23/
#Undocumented #immigrants are barred for life from using most gov't benefits. The #PublicCharge rule is sure to confuse people about this reality. See this @CRS4Congress report for a handy summary. 24/
fas.org/sgp/crs/misc/R…
In fact, the #PublicCharge rule is designed to penalize people for using only those gov't benefits *they are perfectly allowed to take advantage of under existing law.* 25/
Perhaps the most Kafka-esque example: If someone previously applied for a visa application fee waiver available from @DHSgov, they could then be denied a visa … by @DHSgov. 26/
For all this, it's important to emphasize that the #PublicCharge rule is still just a proposal. The status quo remains in effect until @DHSgov issues a *final* rule, which probably won’t be enacted until mid-2019 at the very earliest (barring delays, lawsuits, etc.) 27/
In the meantime, the longstanding narrow definition of #PublicCharge won’t change ... at least for green card and visa applicants *within the US.* They're the ones under the jurisdiction of @DHSgov / @USCIS, the agencies pursuing this new regulation. 28/
But the @StateDept has been applying its own expanded #PublicCharge parameters to visa applicants *abroad* since Jan. 2018. See @nilc_org for details. 29/
nilc.org/wp-content/upl…
Advocates organizing around the #PublicCharge rule include @nilc_org @CLASP_DC, @mboteach at @amprog, @FWDus, @AILANational, @immcouncil, @NewAmericanEcon, @cliniclegal, @NatImmForum, and many more. 30/
And expect continued excellent reporting and analysis on #PublicCharge from journalists like @yjtorbati, @DLind, @NickMiroff, @mirjordan, @SuzGamboa, @JuliaEAinsley, @lauradfrancis, @TalKopan, @jonathanchait, @HeathaT, @mariauxpen, and no doubt many more. 31/31

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More from @doug_rand

Jul 2, 2021
🚨The Biden administration just released its Interagency Strategy on Naturalization, a whole-of-government effort to remove obstacles facing immigrants eligible for US citizenship.

Full plan from @USCIS here:
1/
uscis.gov/promotingnatur…
@USCIS I. Outreach: Marshaling agencies like @USDA @SocialSecurity @DeptVetAffairs & @TheJusticeDept, plus state & local govts, to notify immigrants when they're eligible to apply for citizenship.

There's a lot more detail about this "Naturalization Working Group" (NWG), including:

2/
II. Partnerships:

@usedgov reaching teachers, students & parents "at all levels of education"

@USPS providing naturalization info at post offices

@CBP providing naturalization info at ports of entry

•Streamlined SSN applications

And expanding current partnerships…
3/
Read 6 tweets
Jul 2, 2021
What better way to celebrate Independence Day than with naturalization ceremonies across the country?

Immigrants from all over the world will take the oath of allegiance to become US citizens, including in a White House ceremony today with @POTUS.

1/
uscis.gov/news/news-rele…
The agency responsible for naturalization, @USCIS, is methodically removing barriers to US citizenship for eligible immigrants, including oath ceremonies by video for overseas US military families. An important step in the right direction...

2/
uscis.gov/news/all-news/…
Coming out of the Covid crisis & Trump-era policies, @USCIS has now "return[ed] to pre-pandemic levels when it comes to completing naturalization applications."

That's good news, but there's now a nearly million-application backlog looming.

Data here:
3/
uscis.gov/sites/default/…
Read 4 tweets
Feb 19, 2021
President Biden's immigration bill includes not only a path to citizenship for undocumented immigrants, smart border policies, & humane treatment of refugees—it also promises major & long-overdue improvements to our skills-based immigration system...

1/
cnbc.com/2021/02/18/imm…
Let's start with the broken status quo: Lots of talented people want to be in the US—not as temporary workers, but as permanent residents with green cards, & ultimately US citizens.

But there aren't enough employment-based green cards.

The official cap is 140,000/year, but…
2/
…people have families, turns out, so ~70k green cards go to employer-sponsored workers, & ~70k go to their spouses & children.

This compels many future Americans to use a somewhat-less-scarce *temporary* work visa, like the H-1B, while waiting for a green card.

3/
Read 17 tweets
Feb 5, 2021
America welcomes ~1 million new permanent residents each year.

But our annual green card caps haven't changed since 1990, even as US population grew 30% & real GDP doubled.

How much *should* annual immigration go up?

@NatImmForum has a number: 37%

1/
immigrationforum.org/article/room-t…
The argument is rooted in demographics: America's "Old Age Dependency Ratio" (# working-age vs. retirement-age adults) is plummeting, which is very bad news for future economic growth, Social Security solvency, etc.

To stay at par (3.5 ratio) by 2060, we need more immigrants.
2/
Specifically, 37% more immigrants—a total of ~1.37M/year.

Consider that Canada & Australia already welcome *200-300%* more immigrants than America does, adjusted for population.

America's immigration policy is among the stingiest in the @OECD.

3/
boundless.com/blog/canada-au…
Read 4 tweets
Feb 5, 2021
President Biden just signed an executive order on "rebuilding & enhancing" U.S. refugee programs.

Let's pause for a moment, and pray for the return of a day when the following statement of policy is no longer the least bit controversial:

1/
whitehouse.gov/briefing-room/…
For expert commentary on the impact of this order, see @IRAP @RCUSA_DC @RESCUEorg @HIASrefugees @LIRSorg & many more groups that have done the hard work of protecting refugees during the dark recent times.

I just want to point out some elements for the tech community...

2/
Important call for more efficient collection & sharing of biometric data, along with interviews via teleconferencing—these are tech-driven opportunities to streamline the whole system & put the President's goal of 125,000 annual refugee admissions within reach.

3/
Read 6 tweets
Feb 4, 2021
Trump's DHS rushed out a final rule on 1/8/21 to restrict H-1B visas to only the highest-paid workers.

Biden's DHS, today: There's no time to do this by Trump's 3/9 deadline. New deadline is 12/31.

So this year's H-1B lottery will be the usual.

1/
federalregister.gov/public-inspect…
How does DHS justify delaying the effective date without notice & comment?

"USCIS will not have adequate time to complete system development, thoroughly test the modifications, train staff,
& conduct public outreach needed to ensure an effective & orderly implementation."

2/
Also:

"During the delay, while USCIS works through the issues associated with implementation, DHS leadership will also evaluate [Trump's] January 8th rule & its associated policies, as is typical of agencies at the beginning of a new Administration."

In other words...

3/
Read 5 tweets

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