29:
273:
assistance for more than a total of twelve months within any thirty-six month period may be classified as a "public charge" ineligible for permanent residency. Immigration officials may investigate the health, income, wealth, education, and family of applicants for permanent residency to predict whether they will become a public charge in the future. The term "public charge" appears in the
Immigration and Nationality Act, but is not defined by the law.
109:. The restriction has remained a major cause for denial of visas and lawful permanent residency ever since; in 1992, about half of those denied immigrant and non-immigrant visas for substantive reasons were denied due to the public charge rule. However, the administrative definition of "public charge" has been subject to major changes, notably in 1999 and 2019.
422:
was determined as liable to become a public charge as a young, pregnant, and single Puerto Rican immigrant. She was denied entry into the United States despite the arguments made on her behalf by a fiancé and family members. Nevertheless, Gonzalez was able to argue her case to the U.S. Supreme Court.
350:
In addition, child-rearing amongst immigrant women is also presumptive causes of public charge. Although support for children was legal, undocumented women were denied legal citizenship due to the public assistance that their children received. In these cases and those of physical and mental ailments
295:
stated that the rule "will have a dire humanitarian impact, forcing some families to forgo critical lifesaving health care and nutrition. The damage will be felt for decades to come." The law center announced it would sue to prevent the policy from taking effect. In
January 2020, the US Supreme Court
272:
status, popularly known as a Green Card. Under the rule, which took effect on
October 15, 2019, legal immigrants who have received public benefits such as Supplemental Security Income, Temporary Assistance for Needy Families, the Supplemental Nutrition Assistance Program, Medicaid, and public housing
231:
In May 1999, the
Immigration and Nationalization Service issued formal guidance, "Field Guidance on Deportability and Inadmissibility on Public Charge Ground," defining a public charge as someone "primarily dependent on the government for subsistence, as demonstrated by either the receipt of public
342:
Individuals who have physical or mental ailments along with pregnant women are most likely to be proposed as a public charge. Immigrants who were found with physical or mental ailments were prospective for exclusion. Their ailments were seen to affect their ability to obtain employment and thus
423:
Gonzalez did not argue her condition as likely to become a public charge; rather, she challenged the state of Puerto Rican immigrants in
America claiming citizenship. It was found that she would be considered not an alien under immigration, but she would be determined a "non-citizen national".
346:
Unmarried pregnant women seeking to migrate into the United States was presumed a public charge on account of their condition, both in the early twentieth and early twenty-first century. These women were excluded from entry and were barred from arriving into the United States. In recent years,
121:
found immigrants who were "unable to take care of himself or herself without becoming a public charge" unsuitable for
American citizenship and therefore denied their entry. In addition to the liable to public charge, the act initiated a fifty cent head tax which would be used for bureaucratic
388:
Immigrants who had legally entered the United States but subsequently acquired any ailments that compromised their ability to earn a living were sought for deportation. These individuals had to leave within one year. Funds were distributed for their deportation by the Bureau of
Immigration
291:, the acting director of USCIS stated the policy will "have the long-term benefit of protecting taxpayers by ensuring people who are immigrating to this country donât become public burdens, that they can stand on their own two feet, as immigrants in years past have done." The
333:
In March 2021, the 2019 public charge rule was repealed by the U.S. Citizenship and
Immigration Service (USCIS). However, public charges remained, but would instead comply inadmissibility statute consistent with the USCIS 1999 Interim Field Guidance rule.
187:
Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the
Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is
183:(enacted in 1952, and amended in 1965) declares "any alien likely at any time to become a public charge" as inadmissible to the country and those who have received public benefits within their first five years in the United States as deportable.
220:(INS). Charles Wheeler stated that prior to 1999, "DOS and INS officers exercised broad powers in interpreting this provision. Unfortunately, they sometimes applied different standards and imposed inconsistent requirements."
199:
raised the standards for sponsors of immigrants, requiring them to show greater financial capacity and obligating them to reimburse the government for means-tested public benefits received by the immigrant they sponsor.
1148:
196:
319:
304:
354:
Immigrants who arrived with only twenty-five to forty dollars and with no source of employment were deemed liable to become a public charge. Immigrants were investigated through means of competent evidence.
223:
Historian
Douglas Baynton writes that "The 'public charge' provision was intended to encompass people with disabilities more generally and was left to the examining officer's discretion."
327:
929:
176:
found that the public charge restriction applied exclusively to those immigrants who "by reason of poverty, insanity, disease or disability would become a charge upon the public."
312:
853:
297:
265:
213:
884:
323:
757:
403:
253:
269:
240:(TANF) program, and state or local cash assistance programs (often called "general assistance") for income maintenance. The guidance explicitly excluded
232:
cash assistance for income maintenance, or institutionalization for long-term care at government expense." Examples of disqualifying assistance include
245:
716:
Immigration and Nationalization Service. âField Guidance on Deportability and Inadmissibility on Public Charge Grounds,â 64 FR 28689 (May 26, 1999).
347:
pregnant Mexican women visiting United States doctors present doctor's notes confirming they have prepaid their bills in order to cross the border.
237:
180:
308:
296:
ruled that the Trump administration could begin enforcing the new rules while related lawsuits processed through the federal court system, and
217:
1088:
1064:
1039:
1011:
603:
552:
165:
The Immigration Act of 1903 allowed the deportation of immigrants who became a public charge within their first two years in the country.
50:
1153:
385:
listed pregnancy (regardless of marital status), and the sexually transmitted diseases syphilis and gonorrhea as grounds for exclusion.
173:
192:
These INA restrictions often affect decisions about visas and admission to the country, but rarely serve as a cause for deportation.
955:
209:
72:
432:
90:
292:
281:, pregnant women, children, and family members of those serving in the Armed Forces are excluded from the restrictions. The
1143:
402:
In the early 1900s, Maria Gambacurta, a twenty-year-old immigrant from Italy who had recently given birth, along with her
233:
904:
980:
43:
37:
256:, housing benefits, child care subsidies, or other non-cash benefits from qualifying immigrants as public charges.
54:
1089:"Meanings of Citizenship in the U.S. Empire: Puerto Rico, Isabel Gonzalez, and the Supreme Court, 1898 to 1905"
820:
406:
child, was deported because the hospital in which they were seeking care was supported through public funds.
790:
285:
estimates that 58% of households headed by non-citizens use a public welfare program and half use Medicaid.
282:
126:
106:
652:"Public Benefits and Immigration: The Intersection of Immigration Status, Ethnicity, Gender, and Class"
624:"Public Benefits and Immigration: The Intersection of Immigration Status, Ethnicity, Gender, and Class"
515:"Public Benefits and Immigration: The Intersection of Immigration Status, Ethnicity, Gender, and Class"
487:"Public Benefits and Immigration: The Intersection of Immigration Status, Ethnicity, Gender, and Class"
459:"Public Benefits and Immigration: The Intersection of Immigration Status, Ethnicity, Gender, and Class"
351:
would render an obligation to government however, the government sought no obligation in this manner.
118:
651:
623:
514:
486:
458:
1100:
731:
702:
Baynton, Douglas C. (2013). "Disability and the justification of inequality in American history".
437:
146:
595:
589:
133:
The following classes of aliens shall be excluded from admission into the United States ... All
145:
or persons likely to become a public charge, persons suffering from a loathsome or a dangerous
1060:
1035:
1007:
828:
758:"The INS Public Charge Guidance: What Does it Mean For Immigrants Who Need Public Assistance?"
599:
548:
854:"President Donald J. Trump is Ensuring Non-Citizens Do Not Abuse Our Nation's Public Benefit"
885:
Supreme Court allows Trump administration to enforce âpublic chargeâ immigration restriction
648:
Immigration and Nationality Act (INA) § 212(a)(4), 8 U.S.C. § 1182(a)(4) (1994) Quoted in
419:
154:
858:
288:
212:, while awarding immigration statuses such as Lawful Permanent Resident is done by the
208:
Granting of visas to the United States is carried out by consular officials under the
1137:
278:
677:
268:(USCIS) formally announced a new rule restricting poorer immigrants from attaining
18:
Term used in the U.S.A. to refer to immigrants unlikely to be able to earn a living
588:
Loucky, James; Armstrong, Jeanne; Estrada, Larry J.; Estrada, Lawrence J. (2006).
570:
Kurzban's Immigration Law Sourcebook: A Comprehensive Outline and Reference Tool
249:
905:"Supreme Court allows rule to take effect that could reshape legal immigration"
330:
issued a stay the very next day, allowing the rule to continue to be enforced.
300:
subsequently began enforcement of the public charge rule on February 24, 2020.
102:
832:
930:"Inadmissibility on Public Charge Grounds Final Rule: Litigation | USCIS"
889:
241:
791:"New Trump rule would target legal immigrants who get public assistance"
274:
956:"Judge Vacates Public Charge Rule But Seventh Circuit Stays the Order"
158:
150:
142:
138:
315:
issued a partial stay on August 12 and a full stay on September 11.
101:
may be denied visas or permission to enter the country due to their
197:
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
483:
Act of August 3, 1882, ch. 376, § 2, 22 Stat. 214, 214. Quoted in
134:
383:
The Book of Instructions for the Medical Inspection of Immigrants
870:
908:
105:
or lack of economic resources. The term was introduced in the
22:
1149:
United States federal immigration and nationality legislation
511:
Act of Mar. 3, 1891, ch. 551, 26 Stat. 1084, 1084. Quoted in
821:"Trump Policy Favors Wealthier Immigrants for Green Cards"
113:
Laws regarding immigrants likely to become a public charge
1032:
Socially Undocumented: Identity and Immigration Justice
819:
Shear, Michael D.; Sullivan, Eileen (August 12, 2019).
1121:Immigration and its Effects upon the United States
572:. American Immigration Law Foundation. p. 59.
122:processes. The act also denies entry of convicts.
1130:. New York: University of Minnesota, 2002. Print.
1128:Entry Denied: Controlling Sexuality at the Border
1057:Entry Denied: Controlling Sexuality at the Border
1004:Entry Denied: Controlling Sexuality at the Border
545:Entry Denied: Controlling Sexuality at the Border
307:enjoined the rule from being enforced during the
153:or other infamous crime or misdemeanor involving
1034:. Oxford: Oxford University Press. p. 115.
1006:. Minneapolis: U of Minnesota Press. p. 5.
678:"Is Public Charge Relevant Anymore? | CLINIC"
591:Immigration in America Today: An Encyclopedia
8:
1123:. New York: General Books, LLC, 2009. Print.
418:Upon her arrival in New York City in 1902,
358:Competent evidence includes the following;
266:U.S. Citizenship and Immigration Services
73:Learn how and when to remove this message
36:This article includes a list of general
1082:
1080:
1078:
1076:
594:. Greenwood Publishing Group. pp.
449:
238:Temporary Assistance for Needy Families
149:, persons who have been convicted of a
903:de Vogue, Ariane (February 21, 2020).
814:
812:
785:
783:
781:
779:
762:Center on Budget and Policy Priorities
322:determined that the rule violated the
218:Immigration and Naturalization Service
214:US Citizenship and Immigration Service
1025:
1023:
726:
724:
722:
7:
1059:. U of Minnesota Press. p. 10.
617:
615:
583:
581:
579:
538:
536:
298:Citizenship and Immigration Services
1112:Bray, Ilona M., and Carl Falstrom.
547:. U of Minnesota Press. p. 9.
343:qualified them as a public charge.
320:Northern District Court in Illinois
305:Southern District Court in New York
1093:Journal of American Ethnic History
983:. U.S. Citizenship and Immigration
42:it lacks sufficient corresponding
14:
433:Immigration to the United States
236:(SSI), cash assistance from the
99:Liable to become a Public Charge
27:
293:National Immigration Law Center
181:Immigration and Nationality Act
93:to United States classified as
1116:. Berkeley: NOLO, 2007. Print.
1:
704:The disability studies reader
216:(USCIS), and previous by the
204:Administrative implementation
324:Administrative Procedure Act
234:Supplemental Security Income
1030:Reed-Sandoval, Amy (2020).
1170:
1154:American legal terminology
1114:U.S. Immigration Made Easy
1087:Erman, Sam (Summer 2008).
732:"Public Charge Fact Sheet"
650:Johnson, Kevin R. (1994).
622:Johnson, Kevin R. (1994).
513:Johnson, Kevin R. (1994).
485:Johnson, Kevin R. (1994).
457:Johnson, Kevin R. (1994).
1055:Luibhéid, Eithne (2002).
1002:Luibhéid, Eithne (2002).
543:Luibhéid, Eithne (2002).
318:On November 2, 2020, the
270:Lawful Permanent Resident
129:continued this exclusion:
568:Kurzban, Ira J. (2008).
168:In its 1915 decision in
960:The National Law Review
127:Immigration Act of 1891
119:Immigration Act of 1882
107:Immigration Act of 1882
57:more precise citations.
1103:on September 30, 2008.
303:On July 29, 2020, the
254:unemployment insurance
190:
163:
338:Conditions for denial
185:
131:
1144:1882 in American law
412:Gonzalez v. Williams
389:(Immigration Fund).
381:In the early 1900s,
283:Trump administration
264:On August 12, 2019,
1099:(4). Archived from
893:, January 27, 2020.
210:Department of State
1126:Luibheid, Eithne.
1119:Hall, Prescott F.
936:. November 5, 2020
825:The New York Times
764:. February 2, 2017
438:Welfare chauvinism
147:contagious disease
87:public charge rule
1066:978-1-4529-0531-0
1041:978-0-19-061980-0
1013:978-1-4529-0531-0
883:Bream, Shannon, "
871:National Archives
797:. August 12, 2019
738:. August 12, 2019
605:978-0-313-31214-4
554:978-1-4529-0531-0
410:Isabel Gonzalez (
309:Covid-19 pandemic
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368:Financial status
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53:this article by
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682:cliniclegal.org
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420:Isabel Gonzalez
416:
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328:Seventh Circuit
262:
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155:moral turpitude
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313:Second Circuit
289:Ken Cuccinelli
279:asylum seekers
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934:www.uscis.gov
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706:. p. 45.
705:
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393:Notable cases
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365:Family assets
364:
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227:1999 Guidance
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63:November 2016
56:
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25:
24:
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16:
1127:
1120:
1113:
1101:the original
1096:
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1003:
997:
985:. Retrieved
975:
965:November 22,
963:. Retrieved
959:
950:
940:November 22,
938:. Retrieved
933:
924:
914:February 22,
912:. Retrieved
898:
888:
879:
869:– via
863:. Retrieved
857:
848:
836:. Retrieved
824:
799:. Retrieved
794:
766:. Retrieved
761:
752:
740:. Retrieved
735:
712:
703:
697:
685:. Retrieved
681:
672:
660:. Retrieved
655:
644:
632:. Retrieved
627:
590:
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544:
523:. Retrieved
518:
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495:. Retrieved
490:
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467:. Retrieved
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103:disabilities
98:
94:
86:
84:
69:
60:
41:
20:
15:
246:food stamps
188:excludable.
159:polygamists
55:introducing
1138:Categories
987:August 25,
865:August 12,
838:August 12,
801:August 12,
768:August 14,
742:August 14,
687:August 14,
662:August 14,
634:August 14,
525:August 14,
497:August 14,
469:August 14,
444:References
404:US citizen
326:, but the
311:, but the
91:immigrants
85:Under the
38:references
833:0362-4331
658:(6): 1521
630:(6): 1522
521:(6): 1520
493:(6): 1520
465:(6): 1521
371:Education
260:2019 Rule
141:persons,
890:Fox News
427:See also
275:Refugees
242:Medicaid
795:Reuters
143:paupers
51:improve
1063:
1038:
1010:
831:
602:
551:
374:Skills
362:Health
172:, the
151:felony
139:insane
135:idiots
95:Likely
40:, but
736:USCIS
1061:ISBN
1036:ISBN
1008:ISBN
989:2021
967:2020
942:2020
916:2020
867:2019
840:2019
829:ISSN
803:2019
770:2019
744:2019
689:2019
664:2019
636:2019
600:ISBN
549:ISBN
527:2019
499:2019
471:2019
195:The
179:The
125:The
117:The
909:CNN
887:",
596:266
377:Age
250:WIC
97:or
1140::
1097:27
1095:.
1091:.
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