Leaked Trump Order Concerns Legal Immigrants Using Social Services

Various media outlets have been reporting on the drafts of two proposed executive orders that Trump is considering issuing in coming weeks that address social services and work visas. Of particular concern to immigration advocates is the draft order concerning immigrant access to different types of social services while in the U.S. Under existing immigration laws, the Department of Homeland Security (DHS) has the discretion to bar immigrants from entering the U.S. or from becoming permanent residents if there is evidence that they will become “public charges.” Currently, DHS officials look at an immigrant’s receipt of cash benefits such as Temporary Aid for Needy Families (TANF), rather than at in-kind benefits, such as Medicaid. The new policy on this issue, however, would be quite different. The current draft of the executive order would result in a DHS rule barring any immigrant being admitted to the U.S. if he or she is likely to get any benefit that is based on income, resources, or financial need. Under this policy, if an immigrant legally in the country on a valid visa receives any of these benefits, DHS could deport him or her. Furthermore, under a rarely-used provision of existing immigration law, any person who sponsored the immigrant in entering the U.S. would be required to reimburse the federal government for the costs of any benefits used by the immigrant. As a result, the draft policy would not only punish legal immigrants and their families, but their U.S. citizen relatives, as well. While access to social services is an important tool for immigrants, the greater fear often is detention and eventual deportation. When a loved one is detained by Immigration and Customs Enforcement, it may feel like all is lost, especially if the detention lasts for any length of time. Seeking the assistance of an experienced California immigration attorney who can assist you in fighting deportation can be essential to your ability to remain in or eventually return to the U.S. At Landerholm Immigration, A.P.C., we are here to fight for your right to legally remain in the United States, but we are also here to help you consider all of the options that are available to you. Call us today at (510) 756-4468, set up a time to meet with our deportation defense lawyers, and see what we can do for you.