Page 72 - latribuna oct 19

INADMISSIBILITY ON

PUBLIC CHARGE GROUNDS

Alumna: Ximena San Vicente Torres
Materia: Derecho Romano I
Primer Semestre

On August 14, the DHS (Department of United States under section 212(a)(4) of the
Homeland Security) issued a rule covering Immigration and Nationality Act (INA or
the bases for “inadmissibility” of migrants the Act), because he or she is likely at any
seeking visas, and other forms of permanent time to become a public charge. The final rule
residency permits such as green cards and includes definitions of certain terms critical
citizenship. In a nutshell, the new rule is to the public charge determination, such as
based upon a 1996 Act, which reiterates the “public charge” and “public benefit,” which
United States’ appreciation—and demand— are not defined in the statute, and explains
of its immigrants’ self sufficiency. One would the factors DHS will consider in the totality
think that, in a civil context, self sufficiency of the circumstances when making a public
refers to the ability of a person to look after charge inadmissibility determination. The
themselves monetarily. But the new rule final rule also addresses USCIS’ authority
also encompasses the concept of public to issue public charge bonds under section
charge, something that has been present in 213 of the Act in the context of applications
American migration laws since their very for adjustment of status. Finally, this rule
creation. includes a requirement that aliens seeking
an extension of stay or change of status
Here’s what the rule’s summary reads:
demonstrate that they have not, since
obtaining the nonimmigrant status they seek
“This final rule amends DHS regulations
to extend or change, received public benefits
by prescribing how DHS will determine
over the designated threshold, as defined in
whether an alien applying for admission or
this rule.”
adjustment of status is inadmissible to the
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la tribuna . escuela de derecho . octubre 2019