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Public Charge: more health benefits for immigrants in the US

Recent legislation modified the Public Charge rule and it will make available more health benefits for immigrants in the US.

Thanks to a new ruling on Public Charge, effective from December 23, accessing programs like Medicaid and Children’s Health Insurance won’t affect immigration status, a goal that many immigration advocates have long fought for.

Last week, the DHS (Department of Homeland Security) issued a new ruling applicable to immigrants and noncitizens who have received or wish to apply for health benefits provided by the Department of Health and Human Services (HHS) or by similar State-run programs.

This new rule details how the DHS will interpret from now on the Public Charge rule, which used to work against immigrants who had no other choice than to apply for health benefits and other support programs. Now, the legislation makes it clear that individual factors, like disabilities or the use of benefits alone, will not lead to an immigration penalization.

Who is affected by the new ruling for Public Charge?

The new Public Charge rule applies to noncitizens or immigrants requesting admission to the United States, or to those who are applying for legal permanent residence from within the country. From now on, the DHS will not penalize individuals who need to access the network of health-related benefits and other supplemental government services available to them.

What health benefits can be accessed without penalization as an immigrant?

Most Medicaid benefits (except long-term institutionalization) and the Children’s Health Insurance Program (CHIP) will not trigger a Public Charge penalization. The DHS has stated that other non-cash programs, such as food and nutrition assistance from the Supplemental Nutrition Assistance Program (SNAP), COVID-19 benefits, disaster assistance received under the Stafford Act, tax deductions or credits, government pensions, or other earned benefits will also be included in this list of allowed benefits.

How will the new Public Charge rule apply from now on?

Instead of excluding individuals and revoking their eligibility based on a single factor, now the DHS will carry out a “totality of the circumstances” analysis.

“People who qualify for Medicaid, CHIP, and other health programs should receive the care they need without fear of jeopardizing their immigration status. As we have experienced with COVID, it’s in the interest of all Americans when we utilize the health care and other services at our disposal to improve public health for everyone.”

Said HHS Secretary Xavier Becerra.

According to many immigration and human rights advocates, this new final rule will help immigrants get access to essential benefits without putting their status in danger. Healthcare is a human right, and as such it must be provided for regardless of the particular circumstances of any individual.

Many feel that this ruling will enforce constitutional rights for marginalized groups and minorities by helping the most vulnerable reach out to get the assistance they need. Advocate groups like the Office for Civil Rights (OCR) have stated their strong support for the measure.

A damaging immigration agenda reversed

This new ruling is a continuation of the course taken by the Biden administration since the beginning of their mandate, which pushed to reverse the Public Charge rule of 2019, enacted by the previous administration as part of an anti-immigration agenda. The previous ruling discouraged immigrants from getting health benefits and other types of government support that they sometimes needed desperately.

Out of fear, this effect extended even to other categories of noncitizens that are exempt from the Public Charge ground of inadmissibility, like refugees, asylum seekers, VAWA, or TPS beneficiaries, among others. We hope that the new, more comprehensive, and clarified ruling will help all immigrants reach the support they need and deserve.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at (281) 606-0800!
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Migrant workforce: Farmers push for immigration reform

Farmers are lobbying for immigration reform amidst a labor shortage crisis and escalating food prices. Is the migrant workforce the answer?

Agricultural companies and farmers across the country are joining to push for a nationwide immigration reform that could help grow the migrant workforce and allow essential workers to become citizens. Amidst a labor shortage and food prices crisis, immigration reform becomes more important than ever.

Many farm operators claim the Farm Workforce Modernization Act, already passed by the House and still pending approval in the Senate, will provide them with a reliable workforce. This legislation will create a path to citizenship for undocumented farm workers and will completely reform the seasonal farmworker visa program, among other changes.

For migrant workers, this could mean a big opportunity to work and live in the United States, while also being closer to an eventual pathway to citizenship, something that is being considered in the bill. Until now, all migrant temporary workers had to rely on the H-2A program, that only allows short stays in the country.

A labor shortage signals an impending crisis in the farm industry

While the current labor shortage is nothing new, it certainly has been aggravated by the pandemic, resulting in rising prices and food costs. Prices have risen around 10% since last year, according to the U.S. Bureau of Labor Statistics.

“At a time when labor shortages are contributing to inflation and high food prices, it’s clear that we need the Senate to pass our Farm Workforce Modernization Act to stabilize the agricultural workforce and protect America’s food supply,”

Said Zoe Lofgren, the Democrat representative for California who sponsored the bill.

Large and medium-scale farmers rely heavily on the migrant workforce to operate and depend on the H-2A program. And although according to many owners, this visa program makes a huge difference, since the program only allows authorization for staying nine months at a time, finding labor all year round becomes a big issue.

As the country experiences the highest 12-month increase in food prices since May 1979, farmers claim this is partly because of labor problems. However, some worker groups and unions oppose the bill, arguing that it fails to include all immigrants and could further exacerbate already existing power imbalances between farm owners and the migrant workers.

Will this immigration reform be approved in the Senate?

Although it is still uncertain when the legislation will be ready to be presented in the Senate, the bill has already gathered strong support among farmers, agriculture groups, and companies as labor shortages continue to affect food production costs.

The Senate bill is being sponsored by Mike Crapo, an Idaho Republican, and Michael Benne, a Colorado Democrat. It would modify and open up the H-2A visa program in order to give the undocumented migrant workforce full residency, possibly with a path to citizenship. According to studies carried out by Texas A&M University, expanding the availability of migrant labor could help lower inflation and food costs, raise wages and lower unemployment overall.

This immigration reform could also help to open up more legal pathways for undocumented immigrants to become legal residents of the United States. Lawmakers in the country could also become more open to further modifying other types of visas and immigration procedures in favor of a larger workforce.

Immigrants in the USA: Are anti-immigration sentiments new?

According to a new study, attitudes towards immigrants in the USA changed completely over time. Were they treated differently before? What triggered the change?

Attitudes towards migrants vary across cultures and countries. The greater or lesser reception that one has with those who come from other lands is something complex that often involves many factors, such as the history of the place, the culture, and local migratory policies. But what is most striking is when this attitude varies so much in such a short time and in the same country, as in the case of the treatment received by immigrants in the USA.

A few days ago, a new study carried out using AI revealed that hostility towards migrants or anti-immigration sentiments, in general, have not always existed in the United States. What happened then?

An Innovative Study Analyzes The Treatment Received By Immigrants In The United States

The study we are talking about was based on the use of artificial intelligence and was recently published in the Proceedings of the National Academy of Sciences. The results of the research provide a surprising historical perspective that makes us reflect on the treatment that immigrants in the USA receive today.

The methodology used by the researchers consisted of the analysis of the tone of the presidential and congressional speeches from 1880 to the present. In total, the team evaluated 8 million speeches and then delved into more than 200,000 that were relevant to immigration in the United States. Through analysis of the language and the terms used, the researchers determined whether the speeches were positive, negative, or neutral.

Negative discourses, that is, racist or anti-immigrant narratives, tended to use words associated with crime, threats, cheap labor, and terrorism. In contrast, the positive discourses, pro-immigration, were more likely to use terms associated with community, hard work, humanitarian needs, and contributions to the country.

The Second World War Marked A Before And After In The Treatment Of Immigrants In The United States

In short, the study found that the general trend of political speeches regarding immigrants in the USA was very hostile until World War II. But after this event, it quickly became more favorable, a trend that has continued, on average, to the present day. But let’s see more in detail.

According to specialists, the general tendency of speeches before the 1920s was markedly negative. But within a single generation, between 1945 and 1965, it changed to remarkably mostly positive. Fortunately, the positive sentiment continued to grow in recent decades, even after the border reopened in 1965 and when the flow of immigrants from Central America and Asia replaced migration from Europe.

At the same time, however, attitudes toward immigrants in the USA have become increasingly polarized along partisan lines. Among those who oppose immigration, hostility remains high. Republicans are much more likely to use subtly dehumanizing language that implicitly characterizes immigrants as animals, machines, or cargo.

This hostile rhetoric towards Latino immigrants and particularly Mexicans that is currently taking place among anti-immigration politicians is very reminiscent of that used against Chinese immigrants at the end of the 19th century when they were the object of the first immigration restrictions.

Differences Between Republican Speeches and Democrat Speeches

Until around the year 1980, the speeches of Republican politicians and Democratic politicians had a similar tone, being mostly negative until World War II and positive since then. But the two parties began to diverge after 1980 and promptly after 2000.

The researchers note that the overall result of the study is that anti-immigration sentiments have decreased. This is consistent with recent public polling. This was stated by Ran Abramitzky, an economics professor and economic historian at Stanford linked to the study.

“Although views on immigration are more polarized by party than ever, there is a silent majority that favors immigration. Attitudes toward immigration are more positive now than at almost any other time in US history.”

Abramitzky said.

Worrying Immigration Courts record: 1 in 6 cases dismissed

The concerning number of immigration cases dismissed by immigration courts raises alarm among immigrants and advocates.

A new study from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University has brought to light new data on the number of immigration cases dismissed by the US immigration courts, leaving thousands of migrants in a complex and worrying legal limbo.

In the fiscal year 2022, a new migratory record has been reached since the figure began to be recorded in 2013: now the percentage of rejections is 16.6%, compared to last year, which was 10.5% and the rest of the previous years that the number did not exceed one digit.

According to experts on the subject, everything indicates that the problem is the fault of the Department of Homeland Security (DHS), since many officers do not send the so-called Notice to Appear (NTA) to the Immigration Courts. This obstacle in the immigration process means that the immigration case is neither approved nor rejected, but is instead left in bureaucratic limbo.

Results and concerns of the full investigation carried out by TRAC

The Transactional Records Access Clearinghouse (TRAC) investigation brought with it concern for the future of those undocumented immigrants whose immigration case was dismissed due to this human error, since their asylum applications are in jeopardy.

Mainly, beyond the fact that the DHS files a new NTA for these particular immigration cases and new court hearings are scheduled, what truly worries the United States government is the reason why these dismissals occur so systematically in the first place.

Why did dismissals increase in number since 2021?

Everything indicates that the systematic dismissals of new immigration cases are related to a new way of processing paperwork from the DHS and the Immigration Courts. A new digital tool was implemented, called the Interactive Coordination System (ISS), which seeks to make the process faster and more efficient, automatically generating the NTA.

So far, the ISS seems like an excellent idea, except for one problem: to work properly, it needs a DHS agent to receive a copy of that NTA. That is where the process begins to fail since the state agency has not been able to ensure that this happens in many cases. There is a major flaw in the series of agents and agencies involved, which blocks the entire process and causes thousands of undocumented immigrants to be dismissed for missing paperwork.

Will anything be done to fix it?

This whole issue is a problem not only for the immigrant community and asylum seekers, but also for the government. Immigration Courts and the DHS are already overworked, and these obstacles in the process are a great waste of resources, time, and money.

For immigrants in particular, who are truly affected, the dismissal of their immigration cases means placing them in a situation of great vulnerability. The courts are already a very complex and difficult part of the path toward migratory regularization due to delays and injustices, and now, it is even more deficient.

That is why it is imperative that the corresponding authorities take action on the matter and keep in mind the figures and the new migratory record presented by the TRAC analysis. Having access to this alarming numbers is also a great opportunity to become aware of the depth of the problem and the terrible consequences it can have for many migrants.

Anti-immigration Texas governor Abbott trucks migrants to New York

The mayor of New York denounced that Greg Abbott, the anti-immigration Texas governor, is locking migrants in trucks to send them to his city.

Over the weekend, trucks arrived in New York with at least 68 migrants from the state of Texas. This was denounced by the mayor of that city who pointed the responsibility against Greg Abbott, Texas governor with a strongly anti-immigration stance.

Sadly, these are not surprising news, since similar practices have been implemented on other occasions by Abbott. But even so, it is still alarming, especially because there are doubts about whether the displacement is carried out of their own free will or if people are being forced to get on the trucks that transport them.

An anti-immigration campaign to force migrants out

Eric Adams, the current mayor of New York, has assured that a good part of the migrants who arrive in the sanctuary city under his command are forced to get on buses in Texas. However, the office of the Texas governor assures that people volunteer to undertake the trip to New York lands.

Abbott’s strategy is part of an anti-immigration campaign in retaliation to the immigration policies implemented by current President Joe Biden. Since the beginning of this year, it is estimated that more than 135 trucks have arrived in the city, transporting a total of more than 5,000 immigrants.

There is a fierce political battle going on between Texas and the state of New York. But in the middle, as always, there are people. The sending of thousands of people in trucks from Texas to New York is nothing more and nothing less than the reflection of a struggle between relatively pro-immigration policies and strongly anti-immigrant tendencies.

To counter the Biden administration’s pro-immigration measures, Abbott began busing hundreds of immigrants earlier this year. Since then, more than 5,100 immigrants have been transferred from the state of Texas in more than 135 vehicles.

As reprehensible as it may seem, the practice that Greg Abbott is carrying out does not surprise almost anyone. The Republican Texas governor is recognized for being a fierce critic of the current administration’s immigration policies and a strong defender and ally of former President Donald Trump.

“If Mayor Adams wants a solution to this crisis, he should ask President Biden to take immediate action to secure the border, something the president continues to fail to do.”

Said Governor Greg Abbott.

How many migrants were actually forced out of Texas?

Many of the people were really happy and relieved to be in New York. But that was not the case for everyone. Although until now it has not been determined if there was freedom of choice or if it was a forced trip, what is certain is that in many cases confusion reigned.

Several families said that they had relatives in other cities and that they did not want to go to New York but to reconnect with their loved ones in other parts of the country. But apparently, this was not allowed and they were sent directly to the city commanded by Eric Adams. Others stated that they were not clearly informed about the fate that awaited them.

In any case, until the federal government doesn’t take a strong and clear political stance on this issue, the anti-immigration agenda of many republican lawmakers and governors will keep pushing many migrants against the ropes, damaging their relationships, their security and their livelihood.

‘I’m a permanent resident, now what?’ What you need to know

We made a list of all the responsibilities that a lawful Permanent Resident must comply with in order to avoid putting their status in jeopardy.

Along with the fortunate news that you are now a legal permanent resident of the United States, also come the responsibilities that this entails. Living in the United States legally is today almost a privilege, and it is not easy to obtain this type of permit.

With these rights and privileges come obligations, and knowing them in depth is essential for any immigrant with permanent residence who wants to keep it and renew it later. We made a list of some of the most important duties and responsibilities that are part of being a US resident.

Never forget to file your taxes

As dictated by immigration laws, everyone who has permanent resident status must file their tax returns with the Internal Revenue Department (IRS) and also any other type of tax return required by their state or locality of residence.

The importance of doing this regularly and correctly lies in the fact that by not submitting the declarations corresponding to your status, this means before the law that you have abandoned being a permanent resident, and therefore, you could lose your benefits.

Get a Social Security Number

Getting a Social Security Card is definitely essential for any permanent resident. The Social Security Number allows immigrants to carry out all kinds of procedures, including the all-important tax return and obtaining employment in the country.

Do not let your Resident Card expire

Although it seems obvious, you should always keep in mind the expiration date of your Permanent Resident Card, renew it when necessary, and never let the document expire. On the official page of the United States Citizenship and Immigration Service (USCIS) you will find all the information you need about the steps to follow to renew your residence.

Do I have to sign up for the Selective Service?

The Selective Service System (SSS) is a list kept by the United States government where all the names of eligible persons are registered and who may be required to serve in the military only in the case of a national emergency or a war.

However, this is only required if you are male and between 18 and 26 years of age. This is something that all US citizens and residents must do, and part of the responsibility of being a permanent resident is to register on this list.

Take care and comply with regulations when traveling

Although permanent residence allows you to leave and enter the country without problems, doing it properly is the key to not set off an immigration alarm that puts your status on the line.

One of the limitations is prolonged abandonment, either for work reasons or because you are living abroad. Being outside the United States for long periods of time for a year is a determining factor for USCIS to consider that the status has been abandoned, or even for your eligibility for naturalization to be delayed.

To reduce the risk of losing your residence, before leaving the United States you must first apply for a “re-entry permit” by filling out the so-called Form I-131 or Application for Travel Document. Another option may be that before leaving you send Form N-470, Application for
Preserve Residence for Naturalization Purposes. This will help protect your eligibility for naturalization.

Stay up to date on new responsibilities

The USCIS federal agency has a guide created especially for immigrants to know exactly everything about the rights and obligations they have within the United States. This is called Manual M-618, Welcome to the United States: A Guide for New Immigrants.

Within this constantly updated guide, the responsibilities of being a permanent resident are specified. You can find it on the official website of the agency, and there you will find all the documents, procedures, and laws that will help you in your daily life within the country.