The Trump Administration and the “Public Charge Rule”

In an attempt to reduce immigration and narrow opportunities for foreigners to obtain legal permanent residence or Green Card, the current administration of the US, led by President Donald Trump, restructured and transformed the “Public Charge Rule.”

This rule was first implemented in the Immigration Act of 1882. Basically, this rule prevents immigrants from obtaining legal permits if they could become a public charge, which means that they could be dependent on benefits, programs and aids offered by the local government.

However, the Trump government drastically changed this rule in 2019, increasing requirements for immigrants to obtain legal permanent residence. The “New Public Charge Rule” states that if immigrants use public benefits (such as housing vouchers, food stamps, or Medicaid) for 12 months in a 36-month period, they would not be eligible for a Green Card.

The Trump administration has received countless criticism for implementing this rule as, in the opinion of activists, it could mean that if immigrants fail a “wealth test,” they are inadmissible in the US, contradicting the Constitution and the nation’s values.

Adding to that, the global Coronavirus pandemic increased the controversy around this rule, as foreigners avoid seeking medical assistance to protect their immigration status, which increases the health risk and worsens the current crisis.

Do you need to request your legal documentation in the US? Contact Motion Law Immigration and follow the advice of our experienced attorneys.

Court of Appeals suspends public charge rule again

The “Public Charge Rule” has gone through multiple legal processes and the Trump administration has had to respond to dozens of lawsuits.

Let’s look at some important facts:

• In July 2020, a New York judge stated that denying immigration applications under the premise of public charge was invalid during the health crisis caused by the Coronavirus.
• In September, the Second Circuit Court of Appeals allowed the implementation of the public charge rule nationwide despite the sanitary emergency.
• One day before the US presidential election, on November 2, an Illinois judge overruled the public charge rule again, arguing that the Trump administration’s changes to the rule were “arbitrary and capricious.”
• On Election Day, November 3, the Seventh Circuit Court of Appeals overturned the Illinois judge’s ruling and allowed the public charge rule to be reimplemented again.

However, the Ninth Circuit Court of Appeals intervened in the “New Public Charge Rule” case and, on Wednesday, December 2, with 2 votes to 1, ruled against the rule and stated that the government’s arguments contradict the rule’s repercussions.

The Trump administration argues that the rule protects the economy and prevents immigrant communities from becoming an unnecessary burden on local governments. However, if immigrants do not have basic resources and stop using public benefits, they will seek local entities or organizations that offer humanitarian programs of food supplies and financial assistance, which could tremendously affect the economy of the states.

Motion Law can help you in your immigration process

It is important to understand that the local immigration system has a wide variety of alternatives available to you and your family. It is essential for you to follow the advice of experts to choose the right process, organize the necessary documentation effectively and be able to fulfill your dreams in the US.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.