Proposed Changes to the Public Charge Rule in Immigration
Wisconsin Criminal Law Blog
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famous poetry on the Statue of Liberty – “The New Colossus” by Emma Lazarus – referred mostly to European immigrants. Cuccinelli also added his own twist in an interview with NPR, stating that it should say, “Give me your tired, your poor who can stand on their own two feet and who will not become a public charge.”
So what is a public charge, and what kinds of changes has the current administration proposed?
What is a Public Charge?
The term public charge refers to a person who is primarily dependent on the government for support. That could include using a form of welfare or public assistance that tax dollars pay for. The government currently determines who’s likely to become a public charge by having an immigration officer look at a person’s “totality of circumstances,” such as the person’s:
Not all immigrants have to undergo this “public charge test.” Some immigrants who fall under humanitarian categories, like refugees and asylees, may not have to show that they won’t become a public charge; in some cases, certain immigrants qualify for a public charge waiver.
What Changes Could Occur?
If the proposed changes take effect:
- More programs can be considered when determining whether someone is likely to become a public charge, like some healthcare, housing and food programs
- Income levels may be considered
- Other standards might fall under the “totality of circumstances,” such as a person’s ability to speak English, as well as physical and mental health conditions that could affect the person’s ability to work
The proposed changes have not yet taken effect, but if they do, they could cut down legal immigration as early as October 15 of this year.
Do You Need to Talk to an Immigration Attorney in Milwaukee?
Ken Cuccinelli, the acting U.S. Citizenship and Immigration Services Director recently claimed that the