Tag: Trump

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Public charge immigrant? Biden admin rolls back Trump-era rule

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The Biden administration is moving towards loosening requirements for permanent residency which took effect under former president Donald Trump.

A new Department of Homeland Security regulation will make it easier for some immigrants to evade being disqualified from obtaining residency through the “public charge” principle.

Immigrants are labeled “public charge” if they are seen to be more of an economic burden than a contributor to the United States. 

Under president Trump, the government expanded the definition of benefits so that these could be used against immigrants seeking permanent residency.

With the new regulation – which is coming this December 23, 2022 – the United States Citizenship and Immigration Services (USCIS) will only consider immigrants as “public charge” if “they are likely at any time to become primarily dependent on the government for subsistence.”

While it is months away, the Biden administration has stopped enforcing the public charge rules since the beginning of its term. With the upcoming regulation, the fear of many immigrants who could be labeled as public charge will be abated.

On one hand, the Trump administration then argued that their policy would push immigrants to work harder, but advocates have condemned the policy as too harsh for the vulnerable immigrant population.

There are hundreds of thousands of immigrants who seek green cards per year in the United States. There are also those who get residency through being refugees or getting asylum, which are categories where public charge rules do not apply.

For more information about the new regulation, consult with your trusted lawyer.

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FAQ on Zero Tolerance Policy

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Question 1:
What is the “Zero Tolerance Policy” of President Trump?

LST:
Zero Tolerance Policy is referred to immediate prosecution and detention of illegal entrants specifically at the U.S.-Mexico border. This means that those attempting to enter the U.S. illegally will be detained and prosecuted.

Question 2:
How did the Zero Tolerance Policy result in the border crisis of separating children from their parents?

LST:
The tragedy occurred as CBP officers took custody of the parents and detained them while the children were also taken into government custody or foster parents. Since there is a case law that children may not be put in detention for a long time, the children are taken and been categorized as unaccompanied children, resulting in separation from their parents. This inhumane and cruel separation of more than 2,000 children resulted in outrage to U.S. citizens, the legislators, and the world in general.

Question 3:
Has the practice of separating the children stopped with the Executive order?

LST:
While it may seem to have stopped the separation, the policy had now changed from separation to incarceration of the family as a whole. Still the detention of family together is not a response to the border crisis. There must be alternatives to detention programs such as releasing them on bail while their cases are pending.

There are also certain provisions of the E.O. that are not clear.

First, there is no process indicated on how those separated will be reunited with their parents.
Second, there is a provision that says that family unity will be maintained where appropriate and depending on available resources. This does not eliminate family separation.
And third, there will be expedited prosecution of cases meaning that the due process to a hearing may be compromised considering that the person incarcerated will have difficulty finding their legal representatives or counsel.

Question 4:
From what countries are the border crossers?

LST:
Mostly these are the nationals of Central America like Guatemala, El Salvador and Honduras.

Question 5:
Will the Philippine nationals who are out of status be affected by all the policies that are being released by Trump?

LST:
The Filipinos who remain undocumented are still vulnerable since last year in January 2017 with the Executive action memorandum of apprehending certain unlawfully present individuals. Those who are encountered in ICE raids of places of work, those they encounter in certain places or who are arrested collaterally are still vulnerable. No one is safe, if there is a violation of immigration law such as overstaying. But if they are on the side of the law and have complied with the conditions of their stay, they should not be fearful.