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Tribune News Service
Tribune News Service
National
Ana B. Ibarra

How and when immigrants' use of government benefits might affect their legal status

A new rule to restrict legal immigration, published by the Trump administration this month, is sowing confusion and anxiety even among immigrants not directly affected by it, as fear spreads faster than facts, immigration and health policy experts say.

The rule would allow the federal government to more easily deny permanent residency status, popularly known as green cards, or entry visas to applicants who use _ or are deemed likely to use _ federally funded food stamps, housing assistance and Medicaid.

Immigrants seeking legal status are already required to prove they will not become a financial burden, or "public charge," to U.S. taxpayers. Under existing law, a "public charge" is defined as somebody who is "primarily dependent on the government for subsistence," which means they either receive cash aid or long-term institutional care at the government's expense.

The new rule expands the list of public benefit programs federal officials can consider in deciding whether to deny permanent residency and other forms of legal immigration.

The rule is scheduled to take effect Oct. 15, but California and several other states have filed lawsuits to block it, as have the counties of San Francisco and Santa Clara, Calif. The office of California Attorney General Xavier Becerra said in a statement that the rule creates "unnecessary new barriers to lawful admission to the United States."

Noncitizen immigrants account for only a small percentage of people who use the public benefit programs targeted by the new rule. They make up 6.5% of Medicaid enrollees, for example, and 8.8% of food aid recipients, according to an analysis of census data by The Associated Press.

Misconceptions about whom the rule applies to have created a "chilling effect" that has prompted adults to withdraw themselves and their children from programs they need, said Mayra Alvarez, president of the Children's Partnership, a child policy and advocacy organization in California.

"As advocates for children, we know firsthand policy extends far beyond its intended recipients, and this rule is no exception," Alvarez said.

Even when the rule was still a proposal, it caused disruption in county health and nutrition programs as well as in health centers, advocates have claimed.

A survey conducted by the Urban Institute, a liberal-leaning think tank, showed that in 2018, 1 in 7 adults from immigrant families reported that they or a family member opted not to apply for or withdrew from a noncash benefit program out of fear of risking future green card status.

Enrollment in Medi-Cal, California's version of the Medicaid program, has dropped over the past couple of years, and some health policy experts say anti-immigrant policies and proposals have contributed to the decline.

The following answers to frequently asked questions should help clarify how the new Trump administration rule would work, while dispelling some common misconceptions.

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