Reordering the Immigration System by Executive Fiat
Under the March leaked draft, a public-charge determination would be based on the totality of circumstances, but certain factors would be heavily weighted favorably or unfavorably during the application review. So, for example, receipt of public benefits in the past three years would be a heavily weighted negative factor. Demonstrating income or financial assets over 250 percent of the federal poverty line (about $62,000 for a family of four) would be a heavily weighted positive factor—though not a guarantee. The administration would have enormous discretion to deny admission or green cards to those with incomes or financial assets below 250 percent of the poverty line.
A Trump administration “public-charge” rule expected to be unveiled soon could create the potential to significantly reshape family-based legal immigration to the United States—and reduce arrivals from Asia, Latin America, and Africa—by imposing a de facto financial test that 40 percent of the U.S. born themselves would fail, as this commentary explains
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