Trump to "suspend immigration"/ USCIS bailout/ New fees

[newacct]

It's unclear if this ruling will have any effect, since green cards and visas are not being issued,. The I-864 is largely self-enforcing, since it intimidates immigrants into NOT applying for benefits, even when they would be eligible.

 

from CBSNews

 

Judge orders Trump to halt immigration wealth test during national coronavirus emergency

 

 

A federal judge in New York on Wednesday ordered the Trump administration to stop enforcing a sweeping wealth test on people applying for green cards and visas for the duration of the national emergency over the coronavirus, agreeing with Democratic-led states that the rules discourage immigrants from seeking public assistance during the pandemic.

 

 

USCIS says that applications filed after 7/29/2020 don't have to include the public charge information (I-485 doesn't have to include I-944, and I-539/I-129 don't have to fill out the public benefits section), and they will not apply the new public charge rule to applications "adjudicated" after 7/29/2020 while the injunction is in effect.

[Randy W]

 

It's unclear if this ruling will have any effect, since green cards and visas are not being issued,. The I-864 is largely self-enforcing, since it intimidates immigrants into NOT applying for benefits, even when they would be eligible.

 

from CBSNews

 

Judge orders Trump to halt immigration wealth test during national coronavirus emergency

 

 

A federal judge in New York on Wednesday ordered the Trump administration to stop enforcing a sweeping wealth test on people applying for green cards and visas for the duration of the national emergency over the coronavirus, agreeing with Democratic-led states that the rules discourage immigrants from seeking public assistance during the pandemic.

 

 

USCIS says that applications filed after 7/29/2020 don't have to include the public charge information (I-485 doesn't have to include I-944, and I-539/I-129 don't have to fill out the public benefits section), and they will not apply the new public charge rule to applications "adjudicated" after 7/29/2020 while the injunction is in effect.

 

 

From the link

 

For applications and petitions that USCIS adjudicates on or after July 29, 2020, pursuant to the SDNY injunction, USCIS will not consider any information provided by an applicant or petitioner that relates to the Public Charge Rule, including information provided on the Form I-944, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A or Part 6 on Form I-129. Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, or Form I-539/I-539A.

USCIS will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank.

In any public charge inadmissibility determination, USCIS will consider the receipt of public benefits consistently with prior public charge guidance – the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1. (PDF, 77.92 KB)

 

[Randy W]

Form G-1055, Fee Schedule - last reviewed/updated 4/20/2020 (the old fees)

The new fee for the N-400 citizenship application will reportedly be around $1150 (up from $640 at present). The new Fee Schedule is to be announced on Monday.

link to https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf

Edited December 18, 2020 by Randy W (see edit history)

[Randy W]

from the Center for Immigration Studies l furlough date pushed to Aug 30

 

USCIS Schedules Staff Layoffs if Congress Does Not Come to Its Rescue | Center for Immigration Studies

 

Update: On July 24 USCIS announced that it was postponing its plan to furlough 70 percent of its workforce, from the original date of August 3 to August 30, because its financial situation was better than it had seemed earlier. Specifically, a Law 360 report, behind a partial pay wall, stated:

 

But USCIS spokesperson Jessica Collins told Law 360 that the plan could now be pushed back to the end of August days after the House and Senate Democrats said the agency’s financial situation had reversed and it was now expecting to end the 2020 fiscal year with a surplus . . . As of July 10, the alleged surplus stood at $121 million, according to [senator] Leahy's press secretary Jay Tilton.

 

 

 

[Randy W]

new fee schedule, effective Oct. 2, 2020

 

https://documentcloud.adobe.com/link/review?uri=urn:aaid:scds:US:7d007137-f225-4508-999f-30317273a5db

 

 

from

 

U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements

 

[Randy W]

from Forbes

 

 

USA Today has reported that since Congress has failed to reach a deal on a COVID-19 stimulus package, the U.S. Citizenship and Immigration Service (USCIS) will proceed with its furlough of about 13,400 employees, or about two-thirds of its workforce, on August 30th. The USCIS had hoped the Covid package would serve as a vehicle to approve an emergency bailout to address the agency’s budget shortfall but after two weeks of negotiations on the stimulus package, talks in Congress broke down as Democrats and the White House blamed each other for the stalemate.

 

[Randy W]

more from Forbes - an interview with an Obama administration official about the possible effects of the furlough

 

USCIS Staff Furloughs Will Grind Legal Immigration To A Halt

 

To better understand the impact of a USCIS staff furlough, I interviewed Doug Rand, who worked on immigration policy in the Obama White House as assistant director for entrepreneurship and is the co-founder of Boundless Immigration, a technology company that helps immigrants obtain green cards and citizenship. He is also a senior fellow and director of the Technology and Innovation Initiative at the Federation of American Scientists.

 

 

[Randy W]

. . . and Guess What? from CBSNews

 

I'll be charitable here since it's probably VERY difficult to manage the changing demands due to both Aministration policies and the pandemic

 

USCIS abandons mass employee furloughs that would've crippled immigration system

 

In a message to employees obtained by CBS News, Deputy USCIS Director for Policy Joseph Edlow said the agency was able to avoid furloughing nearly 70% of its workforce because its financial situation has "improved somewhat" since the spring, when the coronavirus pandemic fueled an unprecedented drop in applications. Unlike most other federal agencies, USCIS is largely funded through the fees it charges.

 

Though applications have increased in recent weeks, Edlow said the agency is still projecting a budget shortfall heading into fiscal year 2021, which starts in October, and continue to require financial assistance from Congress.

 

"Although our situation has temporarily improved due to a modest increase in revenues, Congress must act on a long-term fix that will provide the necessary financial assistance to sustain the agency," he told employees in an email.

 

 

[Randy W]

. . . and Al Jazeera

 

 

US agency warns of long waits for immigrant visas, work permits

 

The US Citizenship and Immigration Services (USCIS), part of the US Department of Homeland Security, has seen a 50 percent drop in revenue from immigration applications because of President Donald Trump's restriction of immigration to the US and the coronavirus.

 

In a statement, USCIS announced it was undertaking aggressive budget cuts that will allow it to continue to operate through the end of the US fiscal year on September 31.

 

"However, averting this furlough comes at a severe operational cost that will increase backlogs and wait times across the board, with no guarantee we can avoid future furloughs," USCIS Deputy Director for Policy Joseph Edlow said in the statement.

 

"A return to normal operating procedures requires congressional intervention to sustain the agency through fiscal year 2021," Edlow said.

 

 

[Randy W]

. . . and the horse's mouth

USCIS Averts Furlough of Nearly 70% of Workforce

Release Date
08/25/2020

“However, averting this furlough comes at a severe operational cost that will increase backlogs and wait times across the board, with no guarantee we can avoid future furloughs. A return to normal operating procedures requires congressional intervention to sustain the agency through fiscal year 2021.”

The additional cost savings come through the descoping of federal contracts that assist USCIS adjudicators in processing and preparing case files as well as a myriad of other support activities. Anticipated operational impacts include increased wait times for pending case inquiries with the USCIS Contact Center, longer case processing times, and increased adjudication time for aliens adjusting status or naturalizing. Naturalization ceremonies will continue. Previously, members of Congress requested that agency leadership avoid operational cuts of this magnitude. However, Congress must still act on a long-term solution that will provide USCIS with the necessary financial assistance to sustain the agency throughout FY 2021 and beyond.

 

Notice that fiscal year 2021 begins Oct. 1, 2020, so this "aversion" may be revisited by then.

Edited August 27, 2020 by Randy W (see edit history)

[Randy W]

from AZCentral, ZDec. 2, 2020

US court rules against Trump administration's Public Charge rule, which critics call 'wealth test' for immigrants


 

Quote

Under the Public Charge rule, immigrants who use public benefits such as Medicaid, food stamps and housing vouchers for 12 months over a period of three years could be deemed ineligible for legal permanent residency visas, known as green cards.

Critics worried the Public Charge rule would make immigrants fearful of seeking medical treatment during the coronavirus pandemic.

In a 2-1 decision, the appeals court concluded that preliminary injunctions issued against the Public Charge rule by two federal courts, the Northern District of California and the Eastern District of Washington, were warranted.

The 9th Circuit's ruling agreed with several states and cities that filed lawsuits that the Public Charge rule would harm them by causing immigrants to withdraw from federal programs and seek public benefits from cities and states.

The appeals court also rejected the Trump administration's claim that the Public Charge rule is aimed at ensuring immigrants are self-sufficient because that is the goal of the programs themselves.

"Addressing DHS’s (the Department of Homeland Security's) contention that the statute’s overall purpose is to promote self-sufficiency, the panel concluded that providing access to better health care, nutrition, and supplemental housing benefits is consistent with precisely that purpose," the ruling said.

 . . .

Immigrants who have used public benefits in the past may want to wait until USCIS provides more clarity on how the agency will respond to the latest court ruling, he said, or to see if the new Biden administration moves to rescind the Public Charge rule.

 . . .

Since 1999, the rule has required immigrants to prove that they will not become primarily dependent on certain cash welfare programs. The Trump administration's revised Public Charge rule added certain non-cash benefits such as food stamps and Medicaid to the list of public benefits that can lead to immigrants seeking green cards being deemed a public charge, Yale-Loehr said.

The new rule removed the requirement that someone become “primarily dependent” on benefits. Instead, immigration officials can deem someone a public charge if they use any of those benefits for 12 months within the last three years, Yale-Loehr said.

 

Edited December 20, 2020 by Randy W (see edit history)

[Randy W]

On 4/21/2020 at 11:02 AM, Randy W said:

 

Trump says he’ll ‘suspend immigration’ into the US

• It was not immediately clear when or how the order would be carried out

 

Neither is it clear if anything will come of this. Stay tuned.

 

from the NY Times on Facebook 2/25/2021
https://www.facebook.com/5281959998/posts/10152617205504999/

Quote

President Biden reopened the U.S. on Wednesday to people seeking green cards, ending a ban on legal immigration that Donald Trump imposed last spring.

Biden Revokes Trump’s Pause on Green Cards

Since taking office, President Biden has issued several executive orders and directives aimed at lifting restrictions on immigrants put in place over the past four years.

Quote

 

In a proclamation, Mr. Biden said that the ban did “not advance the interests of the United States,” challenging Mr. Trump’s claims that the way to protect the American economy during the health crisis was to shut the country off from the rest of the world.

“To the contrary,” Mr. Biden said of his predecessor’s immigration ban, “it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here. It also harms industries in the United States that utilize talent from around the world.”

 

 

Edited February 25, 2021 by Randy W (see edit history)

[Randy W]

read this to mean that Biden will take care of/eliminate this himself

from The Hill

Biden asks Supreme Court to dismiss challenge to Trump's 'public charge' rule

Quote

 

The Supreme Court last month agreed to hear challenges to the 2018 rule, which had been challenged by numerous states and advocacy groups who argued it amounted to a wealth test for immigrants. 

The new filing, which notes that all parties agreed to asking the court to toss the case, signals the Biden administration is likely to scrap the rule on its own.

The Biden administration has taken a similar posture in other major immigrations cases, convincing the court to cancel hearings on cases challenging former President Trump's border wall and his changes to the asylum process.

It has already mandated a review of the public charge rule by the Department of Homeland Security in an early February executive order.

The rule has already been tied up in litigation for years, with the Supreme Court previously setting aside other lower court injunctions freezing it.

 

 

[Randy W]

Still ongoing news about this

Supreme Court won't let Texas immediately defend Trump-era 'public charge' immigration rule

By Ariane de Vogue and Priscilla Alvarez, CNN

Updated 10:22 AM EDT, Mon April 26, 2021

 

Quote

 

The Supreme Court on Monday denied, for now, a bid by Texas and 13 other states to defend a controversial Trump-era rule that makes it more difficult for immigrants to obtain legal status if they use certain benefits, such as Medicaid, food stamps and housing vouchers.

The justices said that the states had to go to the lower court to make their request.

Last month, court agreed to dismiss a pending challenge to the so-called "public charge" rule at the request of the Biden administration, which changed its position in the case.

 . . .

Texas has filed a slew of lawsuits challenging President Joe Biden's immigration policies and attempted to intervene and defend the public charge rule.