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WASHINGTON (Reuters) - The Trump administration is
considering reversing long-standing policy to make it easier
to deport U.S. legal permanent residents who have used
public benefits, part of an effort to restrict immigration
by low-income people. A Department of Justice draft
regulation, seen by Reuters, dramatically expands the
category of people who could be subject to deportation on
the grounds that they use benefits.

Currently, those legal permanent residents who are declared
to be a “public charge,” or primarily dependent on the
government for subsistence, can be deported - but in
practice, this is very rare.

The draft regulation would use a more expansive definition
to include some immigrants who have used an array of public
benefits, including cash welfare, food stamps, housing aid,
or Medicaid. While the plan is at an early stage, might not
become official government policy, and is likely to attract
lawsuits, it is one part of efforts by the Trump
administration to restrict legal immigration, in addition to
its efforts to reduce illegal immigration to the United
States.

The full possible impact is not known, but the
change in policy could affect permanent residents - also
known as “green card” holders - who are legally entitled to
use public benefits soon after their arrival in the United
States, such as refugees.
Department of Justice spokesman Alexei Woltornist said the
agency “does not comment on or confirm draft regulations.”

U.S. law allows for the deportation of immigrants who have
become “public charges” within five years of admission if
their reason for seeking help preceded their entry to the
United States - for example, if they had a chronic health
condition that was not disclosed. But due to a 1948 ruling,
the deportation of immigrants for using public benefits has
been strictly limited to cases in which the government has
demanded payment for public services, and the person has
failed to pay.

Immigration lawyers said they have rarely if
ever heard of someone being deported for using public
benefits. The draft rule indicates the government would
override that precedent to allow for deportation of some
permanent residents who have used certain public benefits
within five years of admission. For the plan to go into
effect, it would be subject to public comment, after which
it could be revised. Attorney General William Barr would
then have to sign off on it.

The public benefits in question include Supplemental
Security Income (SSI), given to disabled and older people;
the Supplemental Nutritional Assistance Program (SNAP),
commonly known as food stamps; Section 8 housing vouchers;
many Medicaid benefits; and Temporary Assistance for Needy
Families (TANF), a cash assistance program. According to
federal policy, many permanent residents do not qualify for
public benefits unless they have had a green card for five
years, making it unlikely they could be targeted for
deportation on the basis of “public charge” even under the
draft rule.

But dozens of states have looser rules - for
instance, allowing pregnant women and children who are
permanent residents to access Medicaid without a waiting
period. And the effort to tighten the rules could affect
thousands of immigrant veterans, refugees and asylees, who
are eligible to receive many benefits without time
restrictions. Active members of the military would not be
affected.

Administration officials had earlier indicated
that the Justice Department, which oversees U.S. immigration
courts, planned to issue a regulation on who can be deported
for using public benefits, but its details were not
previously known.

https://www.reuters.com/article/us-usa-immigration-benefits-exclusive/exclusive-trump-administration-proposal-would-make-it-easier-to-deport-immigrants-who-use-public-benefits-idUSKCN1S91UR

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