‘Public Charge’ Rule

On Wednesday, the Department of Homeland Security published a final rule expanding the types of public assistance that make immigrants “public charges” and thus ineligible for green cards. DHS

The rule applies to the following programs: Any federal, state, local, or tribal cash assistance, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP, or formerly called “Food Stamps”), Section 8 Housing/Rental Assistance, Public Housing, Federally funded Medicaid (with certain exclusions).

It does not apply to: Medicaid for the treatment of an emergency medical condition, Medicaid provided under the Individuals with Disabilities Education Act, School-based services or benefits, Medicaid benefits received by an alien under 21 years of age, Medicaid benefits received by a woman during pregnancy.

The left opposes the rule and sees it as an attempt to sharply curtail legal immigration.

“Never mind that immigrants are, for one thing, less likely to rely on welfare benefits than native-born Americans… consider for a moment how many Americans-- our parents, grandparents, or great-grandparents--wouldn't be here today if regulations that used the straitened circumstances of new immigrants to measure their future earning potential had been in place.” (Jill Filipovic, CNN)

The right is generally supportive of the rule.

“This isn’t about race… the story of immigration to the United States has always been about people of every race, color and creed who come here to work and take advantage of American freedoms and opportunity — not a desire to take advantage of the welfare state… Even if you don’t share administration hard-liners’ desire to cut back legal immigration, ­emphasizing merit is a common-sense concern that is supported by most Americans. Our culture is rooted in self-sufficiency and individual initiative. Our immigration system should reflect our national creed.” (Jonathan S. Tobin, New York Post)