The Coalition on Human Needs issued a blog post (relevant portion reproduced below) on potential limitations for immigrants receiving benefits if an Executive Order under discussion is issued by the Trump administration. Essentially, it would redefine what designates a legal immigrant a "public charge." Instead of including only cash assistance like TANF, SSI or LTC, the new definition would include “any public benefits for which eligibility or amount is determined in any way on the basis of income, resources or financial need.” That could potentially include free school lunch, WIC, Pell grants and CalFresh, among others. Receipt of legally received benefits, even years previously, could under the draft order be grounds for deportation.
No such EO has been signed yet, and it would require a lengthy public comment and rule-making period. As of this moment, is appears that existing federal rules on public charge, as detailed in this guidance from the National Immigration Law Center, remain the same. For updates on the impact of immigration changes as they affect DSS clients, see the CWDA page http://www.cwda.org/post/immigration-resources.
The Washington Post and Vox also reported that the Trump Administration is considering another order that would further restrict immigrants and potential immigrants who use or would be expected to use public benefits. Based on the leaked draft, the order would make certain lawfully present immigrants or applicants more at risk of being designated a “public charge.” Under current law, that designation applies to a recipient (or expected recipient) of cash assistance (such as TANF or SSI) or long-term nursing home care. If signed by President Trump as drafted, the order would significantly expand the types of benefits that could be considered in a “public charge” determination, making relevant “any public benefits for which eligibility or amount is determined in any way on the basis of income, resources or financial need.” Although the benefits to be included within the new definition of “public charge” are not spelled out, they could include free or reduced-price school meals, WIC, or Pell grants.
According to existing law, changes to “public charge” language by executive order would not apply to refugees or other humanitarian immigrants or to decisions about naturalization, but could apply to immigrants seeking to become lawful permanent residents (LPRs). Expectation that they would be or have been “public charges” would be grounds for denying a visa application or granting a green card; current LPR’s who leave the country for more than 180 days could be denied readmission; and current LPR’s who utilize benefits within five years of entering the country could even be deported in some circumstances.
If signed as drafted, the order would also make immigrants’ sponsors liable for virtually any benefits used. Additionally, it would require taxpaying parents and well as children to have Social Security Numbers in order to receive the Child Tax Credit. This would hurt U.S. citizen children whose immigrant parents use an Individual Taxpayer Identification Number (ITIN) to file taxes.
This proposal would dramatically alter immigration policies and practices that have been in effect for a century, under both Republican and Democratic administrations. Since 1996, LPR’s already are banned from receiving SNAP, TANF, Medicaid, CHIP and SSI for five years (LPR children, however, are eligible for SNAP, and in certain states are eligible for Medicaid and CHIP). Receipt of legally received benefits, even years previously, could under the draft order be grounds for deportation.
Advocates stressed that this order is only in draft form at this time and could be changed or discarded. They also note that unlike other executive orders recently signed by the President, this one would require a lengthy period for public comments and rule-making before it could take effect, and some of the proposed changes require congressional action. For more information, see this piece from the Migration Policy Institute.
