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New Trump rule targets poor and could cut legal immigration in half, advocates say


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New Trump rule targets poor and could cut legal immigration in half, advocates say

By Daniel Trotta and Mica Rosenberg

 

2019-08-12T165705Z_1_LYNXNPEF7B18F_RTROPTP_4_USA-IMMIGRATION-LEGAL.JPG

New American citizens wave American flags after taking the Oath of Allegiance during a naturalization ceremony in Newark, New Jersey, U.S., March 1, 2017. REUTERS/Mike Segar

 

(Reuters) - U.S. President Donald Trump's administration unveiled a sweeping rule on Monday that some experts say could cut legal immigration in half by denying visas and permanent residency to hundreds of thousands of people for being too poor.

 

The long-anticipated rule, pushed by Trump's leading aide on immigration, Stephen Miller, takes effect Oct. 15. It would reject applicants for temporary or permanent visas if they fail to meet high enough income standards or if they receive public assistance such as welfare, food stamps, public housing or Medicaid.

 

"The Trump administration is trying to bypass Congress and implement its own merit based-immigration system. It's really a backdoor way of prohibiting low-income people from immigrating," said Charles Wheeler of the Catholic Legal Immigration Network Inc.

 

The rule is part of Republican Trump's efforts to curb both legal and illegal immigration, an issue he has made a cornerstone of his presidency.

 

After the rule was announced, the National Immigration Law Centre (NILC) said it would file a lawsuit to stop it from taking effect. The group's executive director said the rule was racially motivated. The state attorneys general of California and New York threatened to sue.

 

The 837-page rule, seeking to target those who could become "public charges" in the United States, could be the most drastic of all the Trump administration's policies targeting the legal immigration system, experts have said. It could deny visas to people for not making enough money or who are drawing public benefits.

 

The government estimates the status of 382,000 immigrants could immediately be reviewed on those grounds. Immigrant advocates fear the real number could be much higher, especially if the rule is extended to the millions of people who apply for U.S. visas at American consulates around the world.

 

President Trump's administration unveiled a new rule on Monday that could deny visas and permanent residency to hundreds of thousands of people for being too poor. Acting Director of U.S. Citizenship and Immigration Services, Ken Cuccinelli says the rules are designed to prevent new immigrants from becoming a public burden. Rough Cut (no reporter narration)

 

The State Department already changed its foreign affairs manual in January 2018 to give diplomats wider discretion in deciding visa denials on public charge grounds. In the fiscal year that ended last September, the number of visas denied on those grounds quadrupled compared to the previous year.

 

"This is an end run around Congress to achieve through executive fiat what the administration cannot get through Congress," said Doug Rand, co-founder of Boundless, a pro-migrant group that helps families navigate the U.S. immigration system.

 

The rule is intended to scare immigrants away from using public benefits to which they are legally entitled, Rand said, adding that a study by Boundless found it could eliminate more than half of visa applicants.

 

A 2018 study by the Migration Policy Institute found 69 percent of already established immigrants had at least one negative factor against them under the administration's wealth test, while just 39 percent had one of the heavily weighed positive factors.

 

Other immigrant advocates have expressed concern the rule could negatively affect public health by dissuading immigrants from using health or food aid. The Trump administration estimates its rule will save $2.47 billion annually in spending on public benefits.

 

The rule is derived from the Immigration Act of 1882, which allows the U.S. government to deny a visa to anyone likely to become a "public charge."

 

DEFINING 'PUBLIC CHARGE'

Ken Cuccinelli, the acting director of U.S. Citizenship and Immigration Services (USCIS), said at a White House media briefing that the law has always required foreign nationals to rely on their own resources, with help from relatives and sponsors, but the term "public charge" was never clearly defined.

"That is what changes today with this rule," Cuccinelli said.

 

The new rule defines public charge as an immigrant who receives one or more designated public benefits for more than 12 months within any 36-month period.

 

The definition of public benefits is cash aid including Supplemental Security Income, Temporary Assistance for Needy Families, the Supplemental Nutrition Assistance Programme (SNAP), most forms of Medicaid, and a variety of public housing programs, officials said.

 

"The principle driving it is an old American value and that's self-sufficiency," Cuccinelli said in a Fox News interview.

 

Whether someone is public charge will be determined on a variety of positive and negative factors. A positive factor would be earning 125 percent of the poverty line, which is $12,490 for an individual and $25,750 for a family of four, while earning less would be a negative factor.

 

'HUDDLED MASSES'

Critics have decried the effort to limit legal immigration for lower-income people an affront to the ideals of the United States highlighted by the inscription on the Statue of Liberty that reads "Give me your tired, your poor, your huddled masses yearning to breathe free."

 

Trump aide Miller, asked in 2017 about whether the administration's policies countered that inscription, said the words were not original to the monument.

 

Cuccinelli was also asked about the inscription at the White House on Monday and said: "I do not think, by any means, we are ready to take anything off the Statue of Liberty."

 

In early 2018, Trump rejected a bipartisan effort in Congress to reform the immigration system. The effort became embroiled in controversy over accusations by a Democratic senator that the Republican president disparaged African and Caribbean nations with a vulgarity in regard to their immigrants. Trump was reported to have asked why the United States could not get more immigrants form northern Europe.

 

Trump has denied using that language and said he wanted immigrants to come the United States from all nations.

 

(Reporting by Daniel Trotta in New York; Additional reporting by Mica Rosenberg in New York and Susan Heavey and Makini Brice in Washington; Editing by Bill Trott and Grant McCool)

 

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-- © Copyright Reuters 2019-08-13
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Means testing is a tool used by many government and conglomerate to calculate one abilities to repay and service a loan and calculating pensions, so using the same tools to be used with people applying for a permanent stay in a country makes sense thus avoiding the situation whereby said newcomers will become a burden and overloads on the social and health system of that county...

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This should be interesting.   I've lived and worked in a lot of countries and I haven't met many wealthy people who wanted to immigrate to the US.   I've met a lot of well educated, young people who did though, but they had no money.

 

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A little reviewing and tightening of legal immigration rules is is in order,  the proposals seem reasonable.  The poem added to the statue of liberty is nice but it is not the law of the land whereas the imm. law of 1882 is.  

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The Department of State has data on the incomes/wealth/poverty of immigrants to the US, the Administration know precisely who this policy change targets.

 

Immigrants are almost always young people, looking for work not in need of handouts, not entitled to any benefits until they’ve earned them.

 

As jingthing observes, this has Miller written all over it.

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8 minutes ago, DoctorG said:

Many countries have means test/merit tests for migration. TH has a financial means test for retirees. These are all designed so that arrivees are not a burden on the host economy. Seems fair to me.

Thailand’s record on the treatment of immigrants is best kept off topic, look beyond selected policies from

the front window and it is very clearly not a model for any nation to follow.

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5 minutes ago, Chomper Higgot said:

Thailand’s record on the treatment of immigrants is best kept off topic, look beyond selected policies from

the front window and it is very clearly not a model for any nation to follow.

Well, I did not bring the TH treatment of immigrants onto the topic. You did. My TH reference was about retirees.

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America has over 30 million illegal aliens.  Too many of them have become a permanent burden to taxpayers.  Carry on, Department of State.
BTW, yes I do pay taxes to IRS—even as an expat.
This is about LEGAL immigration.

https://www.washingtonpost.com/opinions/trumps-claim-that-he-supports-legal-immigration-turns-out-to-be-a-lie/2019/08/12/66f09920-bd32-11e9-b873-63ace636af08_story.html

Trump’s claim that he supports legal immigration turns out to be a lie

The erratic Trump administration has had just one consistent policy principle, one guiding North Star: punitive and often sadistic treatment of nonwhite immigrants.

President Trump’s claim that he supports legal immigration, as opposed to the undocumented “invasion” he rails against, turns out to be — big surprise — a lie. On Monday, the administration proved its antagonism toward those who “stand in line” and “come in the right way” by issuing a new rule forcing many legal immigrants to make an impossible choice: accept needed government benefits to which they are fully entitled, or preserve their chances of obtaining permanent residence. "


Sent from my Lenovo A7020a48 using Thailand Forum - Thaivisa mobile app

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5 hours ago, Credo said:

This should be interesting.   I've lived and worked in a lot of countries and I haven't met many wealthy people who wanted to immigrate to the US.   I've met a lot of well educated, young people who did though, but they had no money.

 

Silly comment you made. They didn't say wealthy.. they are targeting people who use government benefits programs intended for the poor. 

No country would allow someone on visa or temporary status in their country to be poor and unable to feed themselves while in the country. Yet American citizens taxes are supporting this yearly when their are still citizens homeless and hungry and unemployed. 

Even here in Thailand you need a certain income level or savings amount to even get a visa.. Do you see them asking for education documents to bypass income laws. Hmph. Get your priorities right.. or are you just another Trump hater who complains about everything the gov is trying to do to make America better for it's citizens?

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2 hours ago, brewsterbudgen said:

Is there a financial requirement for bringing in a foreign spouse, like there is for UK Settlement visas?

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app
 

Anyone applying for any visa, whether as a tourist or to immigrate has to overcome the presumption that they will become a public charge.   That, in effect, is a means test.  

 

If a person is sponsored, the sponsor is bound by law to support the person and the support has to be above the poverty level.  

 

So, people immigrating to the US already have the means of support or their application is denied.  

 

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3 minutes ago, thesetat2013 said:

Silly comment you made. They didn't say wealthy.. they are targeting people who use government benefits programs intended for the poor. 

No country would allow someone on visa or temporary status in their country to be poor and unable to feed themselves while in the country. Yet American citizens taxes are supporting this yearly when their are still citizens homeless and hungry and unemployed. 

Even here in Thailand you need a certain income level or savings amount to even get a visa.. Do you see them asking for education documents to bypass income laws. Hmph. Get your priorities right.. or are you just another Trump hater who complains about everything the gov is trying to do to make America better for it's citizens?

As the above post states, you don't get to come if you're likely to end up on welfare of any kind.   Most programs do not allow anyone who has been in the US less than 5 years to use them.   

 

To immigrate you have to have enough money, or a sponsor who assures your support.   There is no need to change it.   He's simply being mean spirited and anti-immigrant as usual.   

 

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2 minutes ago, Paul Henry said:

Will they try to redefine refugees as immigrants and deny entry on financial grounds.

Donald will not need to find a new wife in 2020 he will be surrounded by close friends in orange suits.

No, the rules are not planned to extend to refugees or asylum seekers.

 

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The Administration has been in the process of redefining the poverty level which would deny many low and middle income families from a host of assistance programs.   If that happens, then the amount that constitutes the poverty level could be higher.  

 

As it currently stands it is being above the poverty level that determines whether or not a person meets the minimum amount to immigrate.  

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6 hours ago, webfact said:

Critics have decried the effort to limit legal immigration for lower-income people an affront to the ideals of the United States highlighted by the inscription on the Statue of Liberty that reads "Give me your tired, your poor, your huddled masses yearning to breathe free."

The poem is not inscribed on the Statue of Liberty, whose name by the way is Liberty Enlightening the World, not Liberty Inviting the World. Why can't the US have a rational immigration policy like every other country in the world? Oh, well, you see, we can't do that because we've got this damn statue.

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1 hour ago, Isaan sailor said:

America has over 30 million illegal aliens.  Too many of them have become a permanent burden to taxpayers.  Carry on, Department of State.

BTW, yes I do pay taxes to IRS—even as an expat.

You overshot it by about 300%.

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Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door!

The Statue of Liberty-Ellis Island Foundation, Inc.

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22 minutes ago, Bluespunk said:

Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door!

The Statue of Liberty-Ellis Island Foundation, Inc.

This one?

tt190719.jpg.4a8d56435e8dd7a61729ad2decbea369.jpg

 

Or this one?

StreeM20190628_low.jpg.c9f176d1e79ba3c67326c11f6f1c1fd4.jpg

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17 hours ago, Credo said:

This should be interesting.   I've lived and worked in a lot of countries and I haven't met many wealthy people who wanted to immigrate to the US.   I've met a lot of well educated, young people who did though, but they had no money.

 

Yes, America has always been the 'Land of Opportunity'...... Until Trump........ but no worry - his end is coming...............

I know many people (my family) who immigrated (the legal way) to the USA and they want to work and make decent money.......

and where I live in the USA is heavy 'welfare US citizens' so I see an enlightening 'cross-section'.....

The immigrants want to work.......... the US Citizen 'Welfare receipients' DON"T Want to work.......

AND People (at least some of them -- at least those who need to bring their own 'Shira law' with them) if they want to work they can go far in the USA and earn money good. Some of my own relatives immigrated (legally) from Thailand is 'good proof'..... They can make money 10-20 times what they made in Thailand (us$9- '300 baht' versus usd$100 '3,000 baht' -usd$150 '4,500 baht') for shorter work days........

Yes....... Many like to come to the USA........ I want them to come and work and displace a few of our welfare reciepients who don't want to work.......... Except I am with Trump in 'one way only'...... I don't want any Shira law coming here to replace/substitute for our national and constitutional LAW...... We have pretty great laws now......

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Well my grandparents came with basically no money. Certainly no private health insurance and high credit ratings. I may be a bit black sheepish but from them came great doctors, lawyers, entrepreneurs employing hundreds, artists, engineers, rabbis, scholars, professors, writers, scientists,, and elected government officials. Shame on Stephen Miller (a discredit to his ethnicity) and "trump" for trashing the REAL American dream in this way!

 

Sent from my Lenovo A7020a48 using Thailand Forum - Thaivisa mobile app

 

 

 

 

 

 

 

 

 

 

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