Not illegal immigrants but legal permanent residents. https://www.cnbc.com/2019/05/03/doj-...-benefits.htmlOriginally Posted by Swordsmyth
Currently, those legal permanent residents who are declared to be a “public charge,” or primarily dependent on the government for subsistence, can be deported — but in practice, this is very rare.
The draft regulation would use a more expansive definition to include some immigrants who have used an array of public benefits, including cash welfare, food stamps, housing aid, or Medicaid.
While the plan is at an early stage, might not become official government policy, and is likely to attract lawsuits, it is one part of efforts by the Trump administration to restrict legal immigration, in addition to its efforts to reduce illegal immigration to the United States.
The full possible impact is not known, but the change in policy could affect permanent residents — also known as “green card” holders — who are legally entitled to use public benefits soon after their arrival in the United States, such as refugees.But due to a 1948 ruling, the deportation of immigrants for using public benefits has been strictly limited to cases in which the government has demanded payment for public services, and the person has failed to pay. Immigration lawyers said they have rarely if ever heard of someone being deported for using public benefits.They need to be in the country for at least five years legally to become eligible for most of those benefits. Deporting somebody for obeying the law? If you don't want them to have benefits, you need to change the law.According to federal policy, many permanent residents do not qualify for public benefits unless they have had a green card for five years, making it unlikely they could be targeted for deportation on the basis of “public charge” even under the draft rule.
https://www.brookings.edu/research/w...-non-citizens/
With some exceptions, non-citizens entering the United States after August 22, 1996, the date of enactment of the welfare reform legislation, are not eligible for most welfare benefits, including Temporary Assistance for Needy Families (TANF), SSI, Medicaid, and the State Children’s Health Insurance Program (SCHIP), until they have been in the U.S. for at least five years. Keeping this general principle in mind, a more thorough review of the 1996 provisions reveals both their complexity and breadth.
In determining welfare eligibility for non-citizens, two broad criteria are taken into account. The most general screen is the concept of “qualified” and “not qualified” alien. Generally, qualified aliens are non-citizens who have been permitted to reside permanently in the United States. They include legal permanent residents (LPRs), refugees, asylees, Cuban/Haitian entrants, and a few other categories. Qualified immigrants may be eligible for federal and state benefit programs that aim to help families with limited income and resources. Not qualified aliens (mostly illegal and temporary immigrants), by contrast, are ineligible for all except emergency benefits?a policy that was largely in place even before the 1996 reforms.
The second factor is date of entry into the United States. Specifically, qualified immigrants who entered after August 22, 1996 are barred from SSI and food stamps until they become citizens and from TANF, Medicaid, and SCHIP for five years after entry. Qualified immigrants, who entered before August 22, 1996, have wider eligibility for these benefits, in part because states have elected to pay for the benefits and in part because federal legislation enacted since 1996 restored some benefits for those already in the United States. As a result, many immigrants who entered before 1996 are eligible for TANF, Medicaid, SCHIP, and SSI. Eligibility for food stamps is more restricted.
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