Biden administration will change the 'public burden' rule: what innovations await immigrants - ForumDaily
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Biden administration will change the 'public burden' rule: what innovations await immigrants

The administration of US President Joe Biden has moved forward to formally replace the Donald Trump administration's "public burden" rule, which prohibited many would-be immigrants from enjoying social benefits. The edition told in more detail The Hill.

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Department of Homeland Security (DHS) requested public comment on new regulationto determine how immigration officials can determine whether applicants for a green card can become a "burden to the community."

The move is the latest in a series of reforms taken by the Biden administration to reverse President Trump's immigration policies.

Under Trump, DHS tightened the definition of a "public burden" so that immigration officials can deny applicants who have used or could potentially use services such as food stamps and other social benefits.

“The Biden administration today took a step toward ensuring immigrants and their families can access health care, food assistance and other needs,” said Shelby Gonzalez, vice president for immigration policy at the Center on Budget and Policy Priorities.

On the subject: US authorities completely reverse Trump's 'public burden' rule

“It is critical that immigrants, many of whom are essential and frontline workers, can access the necessary services they are entitled to to keep their families safe and healthy,” said Ur Jaddu, Director of US Citizenship and Immigration Services (USCIS). . “DHS is taking an important step toward implementing fair and reasonable policies that do not cause fear and confusion among immigrant communities.” We will continue to support this administration's efforts to remove unnecessary barriers in the immigration system and sources of fear that prevent immigrants from accessing the benefits to which they are entitled."

Trump-era policies have not been applied since March, when DHS suspended implementation of the rule and the Justice Department announced it would no longer protect the rule from multiple lawsuits challenging it.

However, the Immigration and Citizenship Act requires officials to take into account whether a potential immigrant could become a “public burden,” without explicitly defining the term.

The new rule, which DHS officials are aiming at, essentially codifies current practices that were in place before Trump's rule, and which DHS returned to after the Trump-era rule was lifted in March.

According to DHS, the new process “will be in full compliance with the law; it will reflect empirical evidence to the extent that it is relevant and accessible; it will be clear, fair and understandable for officers, as well as for non-citizens and their families; this will result in fair and consistent judgments and will not unduly impede non-citizens seeking to accept or change status in the United States. ”

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Critics of Trump's "public burden" rule are pushing the Biden administration to move quickly to formally replace him as immigrants continue to shirk benefits they may be legally entitled to.

“Even though the Trump administration's 'public burden' rules are no longer in effect, the damage continues. Many immigrant families continue to forgo critical services out of fear that doing so will prevent a family member from becoming a lawful permanent resident,” Gonzalez said.

“That’s why swift action to complete the rulemaking process is critical to ensuring that immigrants are not left without health care and other services,” she added.

Until DHS completes the rule-making process and enforces the new rules, USCIS will continue to enforce the Non-Burden-to-Community Act under the 1999 Interim Regulations. Under this guidance, USCIS does not consider a person's receipt of Medicaid (other than Medicaid for long-term hospital placement), public housing, or Supplemental Nutritional Assistance and Other Nutritional Assistance Program benefits as part of a determination of ineligibility. Vaccination or treatment for COVID-19 is also not considered a “social burden”.

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