The Trump administration issued a long-awaited rule Monday strengthening federal officials' ability to deny green cards to immigrants likely to need government aid.
Officials referred to the so-called "public prosecution" as a rule to ensure that the persons given permanent residency care for themselves – and protect the taxpayers in doing so.
"The principle behind it is an old American value and that's self-sufficiency." US Citizenship and Immigration Services (USCIS) Director Ken Cuccinelli told Fox News in an interview. "It's a core principle – the American dream itself ̵
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"It will also have the long-term advantage of protecting taxpayers by ensuring that people who immigrate to this country do not become public burdens, that they can stand on their own, as immigrants did in previous years, "he said. "It is not just a recipe for their success, but also for the success of America emerging from our immigration system."
The updated rule will better define and extend the factors that can be considered refusal of an applicant for these reasons.  Although the inadmissibility standard "public levy" has long been part of US immigration law, the term was not officially defined by law. The new regulation, which enters into force in October, defines "public levy" as an immigrant who receives one or more defined public benefits for more than 12 months within 36 months.
These benefits include additional safety income (SSI), temporary support for needy families (TANF), and most forms of Medicaid and the Supplemental Nutrition Assistance Program (SNAP) – commonly known as food stamps. The rule extends the number of benefits that can be taken into account in the interim guidance issued in 1999.
These factors are considered along with standard considerations such as age, health, financial assets, and education. While Cuccinelli's USCIS is the lead agency, similar filters are used in the State Department (for those applying for foreign visas) and Border Patrol.
Cuccinelli told Fox News that it's usually not so much about cutting down on successful applications (note President Trump has hired more new citizens each year than former President Barack Obama, as it has both the USCIS Determining the responsibility of law enforcement and immigrant immigrants to understand the benefits of public prosecution Determination
"There is no reason to be confused, it's just the question to answer "Is X covered or is it not covered?" This is a quick and easy answer that can be obtained through the USCIS website.
The rule updates the 1999 guidelines that were issued by what then Immigration and Naturalization Service (INS), which stated that the use of services such as SNAP and Medicaid is not considered part of a public hear valuation would be considered.
"The difficulty we have had under the guidance of 1999 over the past 20 years is that we anticipated a rule that was never entered, that was a rather minimalist manual and that for our work was not particularly useful in USCIS, "he said, calling the new rule a" better and more thorough attempt. "
The rule is likely to provoke significant backlash among Democrats and immigration law groups, which warned that it might prevent migrants from claiming the benefits they need because they fear that it will lead to their application green card as inadmissible.
There are already signs that the rule could significantly change the question of who is granted permanent residence. Politico reported last week that the US State Department is handling potential public charges. The refusals on public charges increased from 1,033 in the financial year 2019 to 12,179 in the 2016 financial year.
It also shows the extent to which the Trump administration acts The immigration policy goes beyond the mere fight against illegal immigration and instead calls into question the status quo of the legal immigration system, as it has been since the Immigration and Nationality Act of 1965. 19659003] Cuccinelli, who was appointed acting director of the agency in June, said the rule "is fully in line with the president, who keeps his promise to improve the immigration system for America."