Biden’s ‘fair and humane’ public benefits for aliens rule removes obstacle to getting green cards

President Biden and the Department of Homeland Security have issued a final rule to rescind former President Trump’s “public charge” policy, removing an obstacle to getting a green card while furthering an insane open border policy.

(Video Credit: Law Firm of Moumita Rahman)

According to The Heritage Foundation, the rule will codify “a weak standard that upends congressional intent, decades of precedent, and the core American value of self-reliance.”

“Public charge” first surfaced via a statute in 1882. Congress at that time barred the admission of “any person unable to take care of himself or herself without becoming a public charge.”

Fast-forward over a hundred years later when Congress enacted the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. That legislation affirmed that illegal aliens within the United States should not be reliant on public resources to prevent them from becoming an incentive to break the law.

Former President Trump strengthened the doctrine but President Biden has worked to weaken it to ostensibly allow illegal immigration to gain a foothold during his watch.

In that frame of mind, the Biden administration has issued a weak rule that intentionally undermines Congress’ intent toward the Personal Responsibility and Work Opportunity Reconciliation Act. Under the new rule, only the receipt of cash benefits or long-term institutional care could trigger a public charge finding.

That means government benefits such as medical, housing, education, and a myriad of others can now be doled out by federal, state, local, and tribal agencies to illegal immigrants. The cost of that largesse will be passed onto the American taxpayer.

Congress was adamant that illegal immigrants would not rely on public benefits. Self-sufficiency was seen as the American way until progressives took power. Allowing them to rely on the government while breaking the law also adds to inflation and our massive debt. It makes a mockery of the merit-based immigration system found in the Personal Responsibility and Work Opportunity Reconciliation Act.

The rule also provides no workable mechanism to ensure enforcement. That aspect of it plays right into the administration’s efforts to “break down barriers in the immigration system” and open our borders to unlimited immigration.

Using the guise of calling the rule “fair and humane,” the Department of Homeland Security knowingly and with forethought is shirking its duty to protect the nation and to uphold the law by preventing illegal immigration. The agency claims that the rule is “[c]onsistent with America’s bedrock values.” What it actually does is penalize states, localities, and taxpayers while rewarding criminals, all for a corrupt political agenda.

The Public Charge Doctrine, once robust under Trump, has now been made virtually nonexistent and irrelevant.

“As state attorneys general should be huddling on litigation strategy to stop this new rule from being implemented, state legislatures must also act. Placing limits and restrictions on public benefits for illegal and legal aliens and setting strict eligibility conditions would stave off some of the burden,” The Heritage Foundation warned.

“Congress must legislate to counteract the complacency within our immigration system and the burdens on our public welfare systems that a Public Charge Doctrine devoid of merit provides. Statutory definitions alongside unambiguous agency mandates are the only remaining avenues to ensure compliance,” the group advised.

The Department of Homeland Security has been complicit in manipulating the rule-making process to implement the administration’s open-borders agenda regardless of the cost and this is just one more brick in that wall.

It is obvious to the majority of Americans that the Biden administration, its attendant agencies, and an unleashed federal bureaucracy have absolutely no respect for statutory law or congressional intent. The Heritage Foundation contends that at this point, states must ensure that courts rein in and keep in check an abusive and rogue executive branch.

On Tuesday, Texas joined 13 other states to file against Biden’s new rule in court, according to brproud.

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