Plan to Restore Trust in Our Legal Immigration System

According to the NYT, most of the changes could also take effect without Congress passing Biden`s immigration bill, the cornerstone of which is a path to citizenship for millions of undocumented migrants already living in the United States. The Biden administration could use the president`s emergency rules and memos, just like President Trump, to carry out its agenda. Since taking office four months ago, Biden has grappled with a historic increase in migration of Central American children and youth that has led some Republicans to accuse the president of opening the country`s borders to people trying to enter the country illegally, a charge the White House rejects. WASHINGTON — The Department of Homeland Security (DHS) has issued a final rule that will be published in the Federal Register that will provide clarity and consistency to non-citizens on how DHS will administer the public cause of inadmissibility. The rule restores the historical understanding of a «public fee» that had been in place for decades until the previous administration began considering additional public health services such as Medicaid and food aid as part of determining the ineligibility of public fees. The agreement announced today demonstrates the Biden administration`s commitment to restoring confidence in our legal immigration system. «This action ensures fair and humane treatment of legal immigrants and their family members with U.S. citizens,» said Secretary of Homeland Security Alejandro N. Mayorkas. «In keeping with America`s core values, we will not punish individuals who choose to access the health and other additional government services available to them.» «In keeping with our nation`s values, this policy treats everyone we serve with fairness and respect,» said Mr. Jaddou, Director of U.S. Citizenship and Immigration Services. «While there is still much work to be done to overcome confusion and fear, we will continue to work to remove barriers in the immigration system, restore trust in our immigrant communities, and eliminate excessive burdens in the application process.» Section 212(a)(4) of the Immigration and Nationality Act (INA) inadmissible a non-citizen if he or she is «likely to become a public office at any time.» A non-citizen who is considered likely to become a «public burden,» meaning they are likely to become primarily dependent on the government, may be denied admission or lawful permanent residence (colloquially referred to as a green card).

Prior to 2019, almost all cashless government benefits, such as Medicaid or food aid, were excluded from consideration. The 2019 rule, which was eventually repealed and is no longer in effect, has led to a decline in enrollment in these programs among people who are not subject to the public ground of inadmissibility, such as children with U.S. citizenship in mixed-status households. Publication of this rule in the Federal Register avoids these effects by formally codifying the historical understanding of the term. Under this rule, as under the 1999 Interim Field Guidelines, which have been in effect for most of the past two decades, a non-citizen would be considered likely to become a public office if DHS determines that he or she is likely to become primarily dependent on the government. This conclusion is based on the following: DHS does not consider benefits received by family members other than the claimant when determining public expenses. DHS will also not consider receiving certain benefits in kind to which foreigners may be entitled. These benefits include: Supplementary Nutrition Assistance Program (SNAP) or other nutrition programs, Children`s Health Insurance Program (CHIP), Medicaid (except for long-term institutionalization), housing allowance, all benefits related to vaccination or screening for communicable diseases, or other additional or affected benefits. DHS will develop a manual of guidelines to help USCIS officials apply this rule fairly and consistently and better inform the public about how the rule will be implemented.

DHS will also conduct outreach and engagement activities to minimize the risk of confusion or deterrent effects among non-citizens and U.S. citizens. The final rule will take effect on December 23, 2022 and will be published in the Federal Register on September 9, 2022. DHS is currently conducting public fee assessments in accordance with the 1999 legislation and preliminary guidance in the field and will continue to do so until it implements the final rule for applications cancelled on or after the effective date. Today`s announcement is part of a series of steps this administration is taking to better balance DHS`s missions and ensure the fair and efficient management of our nation`s immigration systems. ### In fact, Mr. Biden wants to open the country to more immigrants. His ambition, as reflected in the plan, is to rebuild and expand opportunities for foreigners to enter the United States — but legally.

(b) Within 90 days of the date of this order, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit to the President a plan outlining the steps their respective agencies will take to advance the policies set forth in Section 1 of this Order.