PUBLIC CHARGE/ASYLUM RECIPIENTS OF PUBLIC ASSISTANCE
Commentary on Public Charge - For recipients of Public Assistance BY FRED GILBERT
On 11/9/2018 the Presidential Proclamation on asylum and Publishing of "Final Rule" affecting Departments of Homeland Security and Justice were published on the same day affecting asylum entries on southern border and ordering expedited removal, targeting illegal immigrants entering outside legal ports of entry. The Presidential order expires 1-19-19 unless Mexico agrees to further actions. Comment period on regulation ends 1-8-19. Both noted the possibility for claims under the Convention against Torture (CAT). It also implemented a higher standard of reasonable fear from lower standard of credible fear. USCIS issued new rules for Asylum Processing the same day. Both were restrained by 9th Circuit for review 12-19-18. Today, 12-19-2018, the Session's changes were blocked affirmatively by a different court and were ordered to reflect the new ruling, which essentially restored abuse and crime victimizations to the criteria. Administration also has petitioned Supreme Court for review against the injunction. The Federal Register issuance of the "final rule" ignored the comment period provisions and the proclamation was in violation of congressional precedent.
Please read the following references in this very complicated action and try to submit your comments before the Jan 8th deadline. This material is also posted on my internationalfortwayne.org website: under the "asylum change" page.
American Bar Association Update on Changes to Asylum Eligibility
9th circuit court December 7th order
http://cdn.ca9.uscourts.gov/datastore/general/2018/12/07/18-17274%20order.pdf
Website for 9th Circuit Court
Published rule, Aliens subject to a bar on entry83 FR 55934 - Aliens Subject to a Bar on Entry Under
Certain Presidential Proclamations; Procedures for Protection Claims
https://www.govinfo.gov/app/details/FR-2018-11-09/2018-24594
Presidential Proclamation Addressing Mass Migration
The USCIS Procedural Guidance is available at:
https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-11-09-PM-602-0166-
Procedural_Guidance_for_Implementing_Regulatory_Changes_Created_by_Interim_Final_Rule.pdf
Asylum definition
https://www.regulations.gov/document?D=EOIR-2018-0001-0001
You may register Public Comments on the Regulation by 1-8-2019:
https://www.regulations.gov/comment?D=EOIR-2018-0001-0001
International Justice Resource Center opinion regarding Presidential Proclamation Addressing Mass Migration:
https://ijrcenter.org/refugee-law/
VOX Organization - - Asylum Ban Explained
https://www.vox.com/policy-and-politics/2018/11/9/18078074/trump-asylum-border-lawsuit-illegal
Fred Gilbert's commentary submitted on rules:
Thomas Jefferson said, "When injustice becomes law, resistance becomes duty". Asylum decisions have become incredibly complicated since WWII when the impact of U.S. world supremacy became foremost in recognition of the calamities created by destructive governments. In this role, asylum grants became responsive to remedies available under U.S. law and moral legacies. In my more than 40 years facilitating the integration and assimilation of immigrants, many of whom are refugees and asylees and having lived overseas more than 4 years, seeing blatant popular repression, I have known personally both the realities of oppression and the living success of the liberty of American freedom. Beginning with the anti-muslim ban, the Trump administration and its various agencies have conducted an onslaught of repressive actions that have abridged those many blessings of our legacies, often exaggerating and misrepresenting fiscal and economic issues and, at last, promoting unlawful changes that fit their destructive intent. The 9th Circuit decision affirms what many of us thought, in declaring the Asylum decision constellation of actions simply UNLAWFUL.
I believe that this ultimately will begin to focus our efforts on what is referred to as "Comprehensive Reform". This cannot occur in the absence of a forward looking problem solving effort, driven by lawmakers in consultation with experts with immigrants and immigrants themselves. International cooperation with border states is critical as well as facilitation by U.N. and the Organization of American States. Where education and economic needs interface, those entities must partner for solutions, especially where American jobs are affected. The Comprehensive Immigration blocked by the U.S. House in 2013 was the last great plan we hoped for and it has all the frameworks of solutions, anticipating generous public discussions on updated situations, especially in the Middle East and Asia.
The illegal and destructive process that created the Proclamation and the new rules proposal must be stopped with every means of resistance that can be mustered, especially as it destroys any credibility in the decision-making ability of the current administration. Broken laws hurt real people but more importantly, they damage the very ability of our democracy to progress. Hubris is not good policy. Submitted by Frederick C. Gilbert, M.A., Fort Wayne, IN Appeared in Fort Wayne Journal Gazette 12-30-2018our own content.
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Public Charge Proposal - public assistance bars to residency/admissionHistory: In 1999, to "clear things up", immigration officers adopted the guiding principle that a public charge is a foreign national with “the likelihood of . . . becoming primarily dependent on the government for subsistence,” The current proposal further defines this definition.
READ Federal Register Published Rule Proposal
https://www.federalregister.gov/documents/2018/10/10/2018-21106/inadmissibility-on-public-charge-grounds
Proposed Change to Public Charge Ground of Inadmissibility - USCIS info
https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility
STUDY OTHER RECOMMENDATIONS: Survey references of immigrant eligibility for federal programs. “Emergency” medical pays hospitals only for life threatening treatment and pregnancy only…no doctors, no medications covered.
Current General Summary of eligibility for public assistance ---
https://www.nilc.org/issues/economic-support/
Table of Eligibility...updates in "notes" --- https://www.nilc.org/wp-content/uploads/2015/11/tbl1_ovrvw-fed-pgms.pdf ?
California Health Care Foundation- comments on public charge effects
https://www.chcf.org/blog/immigrants-new-proposed-public-charge-rule/
Immigrant Legal Resource Center
https://www.ilrc.org/public-charge
Forbes- How Will The Public Charge Rule Impact Employers And Immigrants?
Catholic Legal Immigration Network, Inc.General Summary - https://cliniclegal.org/public-charge
Legal Analysis - Legal Clinic.org
https://cliniclegal.org/resources/uscis-proposes-vast-changes-public-charge-definition
Form I-864, Sponsor Support Affidavit - This document affirms SPONSOR committment to support immigrant
https://www.uscis.gov/sites/default/files/files/form/i-864.pdf
Fred Gilbert testimony
As a public assistance caseworker of more than 30 years, most of that time was in support of refugees from more than 30 nations. Beyond the blood of our soldiers, immigration is the greatest gift we offer the world. Assimilation is close to a miracle process as I have watched untold successes beyond any predictions simply nurtured under the blessings of American freedom. Family reunification is the "hope for the future" for most families, and this proposal seems to attack that most of all. This rule targets family-based immigration and will have a powerful negative effect on many people of color. Because of rumors and intentional administration scare tactics, great harm has already been done, especially among those refugees and asylees exempt from restrictions. Certain support systems are proper for the General Welfare of us all. Using asylee cases against refugee admissions are another damaging element.This proposal apparently seeks to make family reunification efforts impossible, except for wealthier sponsors/families. While this appears to be in the general welfare interest, I have seen many situations where lack of support structures, particularly medical and housing, cause a desparation reaction, leading to exploitive and illegitimate activities. An example is the Diversity Lottery System, where no benefits are permitted short of 5 years of residence. NGO support structures are often sought as nearly all have little or no vetting overseas. Additionally, they are caught in poverty wage and some illegal activities. Poor country of origin vetting is the most serious problem, including fraud in overseas consular activities. Additionally, emergency medicaid, especially pregnancies, provide gateways for welfare benefits for kids. While essential for a humane system, it opens the families to further welfare dependencies. If American assimilation is to occur, general welfare support systems of medical, English training and employment support must be permitted and funded, just as they are critical for native Americans. As pressure to "apply through legitimate channels" is preached, this proposal further debases even that reasonable expectation.Medical or housing benefits should never be used AS A NEGATIVE in any form, particularly ANY BENEFIT RECEIVED AS A CHILD. Additionally, any pre-existing medical or disability condition should not be counted. Retroactive documentations should be reduced to one year. Travel by lawful permanent residents should not trigger admissability determinations. SNAP benefits received while an individual or family where earnings are above 125% poverty should be excluded. Unemployment compensation and workers compensation should be excluded from consideration as should any WORK BASED INCOME FROM DISABILITY OR LAYOFF.In consideration of the added regulatory categories, only the use of public welfare cash or food benefits should be a criteria to determine determinations. Age restrictions are improper on their face. Medical conditions, insurance and lack of medical coverage go against concerns for "general welfare" and ultimately can prevent success long term for the nation as a whole. Multiple children or dependents must be excluded as negative as they represent common and natural conditions in the general population. "Financial liabilities, credit status, employment history and education levels" are all arbitrary conditions having little to do with permanent lack of success in American life and are generally impossible to assess. English competency is, again, NEVER a predictor of failure. Fee waivers are legitimate extensions of gateways to citizenship and should be regarded as an asset. Finally, sponsor assessments are no more legitimate for predictions than these criteria themselves. The following should be priorities: Affidavit of Support should continue and should be especially vetted overseas. Welfare caseworkers and systems often overlook this document as many welfare officials are not trained in these complicated legalities. USCIS and HSA employees cannot assess these without a huge set of experiences with SUCCESSFUL IMMIGRANTS. Additionally, educational and professional visas should be strongly vetted, with failure to attend or failure to employ tracked and tallied, with severe restrictions levied against foreign consular entities producing these failures and domestic abusers prosecuted and eliminated. These failures ultimately swell the "undocumented" and "overstays" from which border walls will never stop. ?
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