Politics

White House Approves Rule That Penalizes Immigrants Who Use Public Benefits

Win McNamee/Getty Images

Daily Caller News Foundation logo
Jason Hopkins Immigration and politics reporter
Font Size:

The Trump administration announced a new “public charge” rule Monday, which takes into account immigrants’ use of government benefits when deciding whether to award them permanent status.

“President Trump has delivered on his promise to the American people to enforce long-standing immigration law by defining the public charge inadmissibility ground that has been on the books for years,” U.S. Citizenship and Immigration Services (USCIS) acting Director Ken Cuccinelli said Monday when revealing the rule change. “Through the enforcement of the public charge inadmissibility law, we will promote these long-standing ideals and immigrant success.”

Under the finalized rule, any individual immigrant who applies to live in the U.S. on a more permanent standing — which typically means a green card application — the applicant’s history of public benefits uses will be taken into account. Such programs being considered are food stamps, Section 8 and other housing benefits, Medicaid, cash assistance and other programs.

More specifically, the USCIS officer reviewing the case will look at an applicant’s use of public benefits over a 12-month period within any given 36-month period during their time in the U.S.

The rule change, which is expected to apply to hundreds of thousands of applicants a year, is part of the Trump administration’s long-sought effort to deter migrants who are dependent on government services from entering and remaining in the U.S. The number of immigrant visa denials has already risen demonstrably this fiscal year compared to former President Barack Obama’s final year in the Oval Office.

Liberty State Park Hosts Naturalization Ceremony For Immigrants To U.S.

JERSEY CITY, NJ – OCTOBER 2: New American citizens wave American flags while ‘America The Beautiful’ is sung during a naturalization ceremony at Liberty State Park, October 2, 2018 in Jersey City, New Jersey. (USCIS). (Photo by Drew Angerer/Getty Images)

Cuccinelli, however, made clear that the rule change is not meant to target aliens solely for being “poor,” and that many factors are weighed when determining an applicant’s request for permanent residence.

“President Trump’s public charge inadmissibility rule better ensures that immigrants are able to successfully support themselves as they seek opportunity here in America,” the USCIS chief said Monday. “A poor person can be prepared to be self-sufficient. Many have been through the history of this country. So let’s not look at that as the be-all and end-all. It’s not the deciding factor, which is why we continue to use the totality of circumstances test.”

Cuccinelli also went stressed the exemptions for the updated public charge rule, making clear that humanitarian-based immigration programs will not be effected. Refugees and asylums are exempted, and there are exemptions for trafficking victims and victims of domestic violence. (RELATED: CBP Chief Mark Morgan Defends Record-Breaking Illegal Immigration Operation)

“To date, public charge has not been defined in statute or regulation,” a USCIS official explained to the Daily Caller News Foundation. “Under our final rule, a public charge is defined as an alien who receives one or more designated public benefits for  more than 12 months in the aggregate within any 36-month period.”

The updated rule will apply to applicants who file after October 15.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel