Trump's rule on 'public burden' will affect immigrants

On January 27, the Supreme Court allowed the Trump administration to enact a 'public burden' rule prohibiting the permanent residence or entry into the United States of certain immigrants who are believed to be able to use state aid, recalls Fox News.

Фото: Depositphotos

The rule can affect how immigrants and their families, especially the poor, can potentially live without the vital services available only through government programs.

A conservative majority vote of 5–4 voices overturned a lower court ruling that hindered rule enforcement, with litigation ongoing in other states. The rule was published in August and gives the government more power to refuse to issue visas or green cards if it believes that immigrants will rely on government assistance, such as food stamps and tax-funded medical or housing programs.

It will be more difficult for immigrants to obtain a permanent place of residence if they have or can use public goods.

The Trump administration defends the rule by calling it a way to guarantee the financial self-sufficiency of immigrants. Critics say the rule is designed to limit the number of poor immigrants entering the country.

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A rule announced by the US Citizenship and Immigration Services in August defines “public burden” as an immigrant who has received one or more of the benefits for more than 12 months over a 36-month period.

These benefits include Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and most Medicaid forms and the Supplemental Nutrition Assistance Program (SNAP), commonly known as food stamps.

The implementation of this rule may have a chilling effect on immigrant communities: low-income immigrants are likely to be adversely affected. Many may be forced to abandon much-needed public goods for themselves and their families so as not to jeopardize their status in the United States.

A September report from the Kaiser Family Foundation says that up to 4,7 million people may be forced to quit Medicaid and the Children's Health Insurance Program if this rule comes into force, which could jeopardize children's health.

A 2019 Urban Institute study showed that people are already refraining from applying for benefits for their children born in the United States, fearing that it could damage their own immigration status. The study also found that 14% of nearly 2000 adults born outside the United States or living in families born abroad were discouraged from participating in public benefit programs, fearing that this would affect their chances of getting green cards.

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Even before the rule was announced, agencies across the country reported declining coverage for pregnant and childcare programs.

The rule does not penalize benefit applicants whose recipient is a family member, such as a U.S. citizen child. But many are scared and do not trust this information. Some parents have withdrawn their children from special education programs out of fear that immigration status will be affected.

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