Friday, October 4, 2019


New rule slaps legal immigrants who are poor

I think we can all agree that immigrants should work, and not depend on our government to support them. And they do. Undocumented folks and legal visa holders participate in the U.S. workforce at higher rates than citizens.

Immigrants who apply for lawful permanent residency must prove they are unlikely to become a public charge. Until now, that meant no cash assistance, such as TANF or SSI. But now the Trump administration has dramatically expanded the types of assistance that might disqualify an applicant.

Laid off work for the winter? If you resort to food stamps to feed your family, beware. SNAP is now on the “public charge” list. So is Medicaid (except for children, pregnant women and emergencies), and even Section 8 housing vouchers.

U.S. Citizenship and Immigration Services will also weigh an applicant’s health, education, income, and ability to speak English in their decision. Earning 250 percent of the federal poverty level and having private health insurance will tilt the scales in favor of the applicant. But many families, even with both parents working, fall short of this income.

Most people affected by the rule change live legally in the U.S. They seek a visa extension or renewal, a green card, or re-admission. Those not affected include refugees, asylum seekers, crime victims (T or U-visa holders and VAWA petitioners) and special immigrant juveniles.

The new rule takes effect Oct. 15, unless organizations and states suing the government get an injunction. Those who apply for permanent residency before that date will be considered under the old rule.

Rumors about the change make immigrants afraid to apply for unemployment, WIC, free school lunches, or health insurance under Oregon’s Cover All Kids program. None of these benefits will count against them if they apply for legal residency, but widespread confusion means that families will forego assistance they need for their well-being.

Maybe that’s the message of this new rule: Do without if you are poor and qualify for help, so you can prove you are worthy of a green card. Meanwhile, educated immigrants who speak fluent English and earn more will get a green light for legal residency. 

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