Immigrants Need Support to Recover from the Public Charge Rule

The Public Charge Rule left lasting repercussions among immigrants

Biden dismantled Trump’s Public Charge Rule

Within the immigration plans of the current president of the US, Joe Biden, is the imperative need to remove limitations implemented by the Trump administration on the immigration system. By this, we refer to restrictive policies, exaggerated eligibility requirements and hundreds of changes that considerably narrowed the opportunities for foreigners to come to the country.

For instance, one of the most controversial policies of former President Trump is the so-called “Public Charge Rule”, which truly restricts the alternatives available for certain immigrants to become LPRs (Lawful Permanent Residents) through a Green Card.

Trump’s public charge rule was already involved in multiple legal processes before the former president left office in January 2021. In fact, the legal battle around this rule had already reached the Supreme Court of Justice, which had to intervene in multiple litigation related to this issue.

However, the Biden administration had no intention of defending or protecting Trump’s public charge rule and thus asked the Supreme Court to dismiss pending hearings related to this policy. The Supreme Court granted this request in March 2021.

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What is the Public Charge Rule?

The public charge rule is an immigration policy that has been present in the US for more than 100 years, but the latest version was a modification made by the Trump administration. Under Trump’s public charge rule, immigration officials could deny certain requests if the applicant could become a “public charge” to the federal government, the economic system, the healthcare system, or taxpayers.

As part of the list of requirements, Green Card (legal permanent residence) applications could be rejected if immigrants had used public benefits for more than 12 months in a 36-month period. These public benefits included, but were not limited to, food stamps, certain housing subsidy services, and medical services such as Medicaid.

The Biden administration disagrees with these kinds of policies because, in its view, they can be counterproductive for the US and instill fear among the most vulnerable immigrant populations.

The Public Charge Rule left lasting repercussions among immigrants

Despite the Biden administration blocking Trump’s public charge rule in the US, the aftermath of fear and anguish is still present among many immigrant communities, who constantly feared deportation and even had to hide during Trump’s term, between 2017 and 2021.

What happens when immigrants fear losing their immigration status and possibly facing deportation is that they refrain from accessing medical services amid the global Coronavirus pandemic, delaying the country’s ability to overcome the current crisis. Adding to that, now that the vaccination project is underway, it could be even worse for the US if immigrants are not part of the national immunization.

Therefore, it is important that the Biden administration outlines a path toward multicultural integration so that immigrants affected during Trump’s term, especially those who feared the public charge rule, can increasingly feel part of the American social fabric.

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