Answer To: https://ijr.com/supreme-court-allows-trumps-public-charge-immigration/
Preeti answered on Mar 27 2021
Critical Analysis and Discussion of ‘Public Charge’ rule under Trump Administration
Introduction
Thesis statement for the underlying paper, ‘Whether Trumps’ Public Charge Immigration is in public or social interest, or not’?
‘Public Charge’ rule announced by USA President’s Donald Trump under Immigration Act of 1882 posed strict restriction on immigrants for getting visas and permanent residency. The ‘public charge’ rule published by the Department of Homeland Security issued a rule creating new form of barriers and restrictions on low-income immigrants seeking to enter in US. The barriers and vast restrictions issued by the Department of Homeland brought fruition to President Donald Trump’ long sought legal immigration rules and restrictions. There is provision of strict test on immigrants who are seeking to enter in US, or want to extend their visa, or intends to convert their temporary immigration status into green card. The people relying on public benefits at large scale in the future are also posed a strict check by this ‘Public Charge’ rule (U.S. Supreme Court Allows Trump’s ‘Public Charge’ Immigration Curb, 2020).
Supreme Court allowed Trump’s administration ‘public charge’ rule to take into effect, even after, the immigration policy has been blocked by lower courts (Higgins, 2020). The rule, proposed, in August 2019 would make it more difficult for immigrants to get permanent residency of the US, in case; they are using public benefits, especially, food stamps and Medicaid (Higgins, 2020). Under the prior policy, since 1999, an applicant is considered as ‘public charge’ in case, he receive any kind of cash assistance benefits funded by the government, or accessing long-term institutionalised health care. The policy scope, has now widened and categorise applicant as ‘public charge’ in case, receipt is federally-funded by several benefits including, Medicaid, SNAP, subsidized housing assistance schemes and English Proficiency language. All these provision of benefits and assistance is evaluated at the time of determining whether applicant should be granted with a green card or not (Puhl, 2019).
Contemporary issue
A) Underlying Issue
Public charge rule is established and introduced by Congress in the year 1882 for allowing US government to deny or reject any proposal of giving US Visa to anyone, who is likely to become public charge at any point of time. This public charge rule is interpreted more broadly under the Trump’s administration for reducing the number of people who are applying for green cards, and other visas, by the way of redefining conditions and aspects making people dependent on government benefits, in present or future time period. The public charge rule has took new effect in February 2020, applies nationwide (Evelly, 2020). The new rule created huge impact on people applying for green cards and Visas within the US, under the process named as ‘Adjustment of Status’ (Evelly, 2020).
Legal barriers in implementing new requirements of immigration policy based on stringent income-based requirements are considered as the most ambitious unilateral effort in US history. The provision of green cards and visas are not subjected to redefined public charge test said to endorse more power in the hands of immigration officials. They can easily deny the applications received from petitioners, which they seem or consider, likely to an economic burden on the country. The sweeping policy change in new immigration policy expects to block the entry of thousands of people entering in US from Asia, Africa and Latin America (Montoya-Galvez, Camilo 2020).
Trump’s administration, on the other hand, unveiled the final regulation on new immigration policy as a medium to promote self-sufficiency among immigrant communities. The rule emphasised on people to be self-sufficient, thereby reaffirming and repositioning the American ideals of hard word, perseverance and determination. Immigrants should put heavy effort in order to become self-sufficient for residing in world’s most developed country. The policy makers under Trump’s administration has explicitly made the new policy much harder and complicated, for people who are interested to come in US (U.S. Supreme Court Allows Trump’s ‘Public Charge’ Immigration Curb, 2020).
B) Underlying Philosophical value in contention between the different voices
Among all the measures and laws pursued under the Trump’s administration, public charge rule said to have the biggest impact. The Supreme Court’s nationwide injunction issued under Trump’s administration imposed tougher standards and regulations on people attempting to access permanent residency of US. Under the old guidelines and provisions, people accessing cash assistance and long-term institutional care are considered as ‘public charge’. This rule results in rejection of only few hundred applicants under the public charge provision around the world each year. But, the new rule creates strong impact on immigrants applying for US residency or green cards around the world. Tourists, business travellers, students, and skilled workers applying for temporary visas and green cards are strongly affected by this new immigrant rule (Puhl, 2019).
As claimed by a senior policy analysts working at the Migration Policy Institute, around 5.5 million people were affected by the rule (Narea, 2020). The people who were granted and issued green cards in the last five years have faced one negative factor under the rule, means either they are not proficient in English language, or availing service under federally benefits schemes, like, Medicaid, SNAP, subsidized housing assistance schemes. Any of these factor become as a strong ground for rejection of applicant’s application for green card or US resident-ship (Evelly, 2020).
The underlying philosophical value in contention between the different voices is the perception that the new immigration rule is an advanced means of providing a safe and secure environment to immigrants who are financially self-sufficient. The new immigration rule would permit and allow only those immigrants who are financially self-sufficient to handle their responsibilities (Montoya-Galvez, Camilo 2020). Also, it will help in protecting benefits of American citizens as they would be no longer required to being tired of people who entered and live in their country, depending on welfare, and, other state assistance schemes. The new immigration rule has started creating wide-array impact on American’s economy. For instance, non-American citizens have started been dropping or withdrawing from their public benefits due to fear or risk, they would likely to face on account of new immigration policy. As a result, several immigrants have un-enrolled from the public benefits scheme, one survey...