In the past few months, there have been numerous reports on the Trump administration’s plans to penalize immigrants for using government benefits. Now, a new proposed rule has been leaked to the Washington Post which goes much further. According to a draft rule, immigrants would also be denied green cards for receiving refunds from income tax credits. Depending upon the number of family members, the earned income tax credit for 2017 can be more than $5,000 for a family with two children. But under the new rule, receiving the tax credit would make an Immigrant ineligible to obtain US Residency (a Green Card).
The draft rule calls for the USCIS to review up to three years of an Immigrant’s federal taxes to determine whether the individual has received the federal Earned Income Tax Credit. If so, the Immigrant would become ineligible for Residency based upon the “public charge” regulations, which say that in order to qualify for a Green Card, an Immigrant must prove that they will not become a dependent on government assistance in the U.S.
Under current regulations, immigrants who receive certain public assistance are not eligible for Residency. According to the new proposal, Immigrants who have received the following benefits would be penalized:
Earned Income Tax Credit, State or local cash benefit programs, Medicaid, Obama care Government subsidies for health insurance, Children’s Health Insurance Program (CHIP), Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, Special Supplemental Nutrition Program for Women, Infants and Children (WIC), Federal housing assistance, including rental vouchers, subsidized child care and Low Income Home Energy Assistance Program (LIHEAP).
Exempted benefits include: unemployment insurance benefits, school meals and emergency or disaster relief.
If enacted, the new restrictions would only apply to an Immigrant’s use of public benefits after the policy goes into effect. Department of Homeland Security officials reportedly told the Washington Post that the rule is being considered for publication sometime this year but is not final at this time and that the administration is eager to ensure “that foreign nationals seeking to enter or remain in the U.S are self-sufficient.”
