News Roundup: January 2023
Expansion of Title 42, Public Charge Rule Goes into Effect, USCIS Fee Increases
Earlier this month, President Biden introduced a two-part plan for U.S. border security.
The first part is expansion of Trump-era restrictions (“Title 42”) to quickly expel Cuban, Nicaraguan, and Haitian migrants caught crossing the U.S.-Mexico border. As of November 2022, 82,000 migrants from those countries and Venezuela tried to enter the U.S.
The second part is to welcome up to 30,000 people from Cuba, Nicaragua, Haiti, and Venezuela each month. They will be required to file for humanitarian parole and, if approved, will enter by air.
This approach is meant to address the concerns of both political parties.
“This new process is orderly, it’s safe and it’s humane,” Biden said in a speech.
The U.S. government will use existing resources to deal with deportations and processing asylum seekers. However, increased funding for resources is critical. There are not enough immigration judges to handle the existing asylum claims.
Under this new plan, Mexico will accept up to 30,000 expelled people from Cuba, Nicaragua, Haiti, and Venezuela. All others are subject to rapid deportation, called “expedited removal”.
Final Rule on Public Charge in Effect
Last month, a new rule on public charge went into effect. Public charge refers to dependence on the government for survival, such as receiving public cash assistance or long-term care at the government’s expense. Under our immigration laws, someone who is considered a public charge may be denied a visa or green card.
The new rule says it’s still safe for immigrants and their families to use health, nutrition, and housing programs if they qualify. Health care programs (Medicaid and COVID care), housing, food programs, and many other vital services are safe to use. Only applicants who are likely to be primarily dependent on cash aid or long-term care at government expense could be denied for public charge.
It's important to note that the public charge test only applies to some programs and some immigrants. U.S. citizens, including the children of immigrants, are exempt. It also doesn’t apply to most green card holders, or asylees, refugees, people with U visas, T visas, VAWA, and many others.
If your family member used public programs, this won’t affect your future immigration options.
Testing, treatment, and vaccines for COVID-19 are not part of public charge. Stimulus checks are also not part of public charge.
Using health, nutrition, and housing programs cannot be considered for public charge.
USCIS has proposed to increase its filing fees for nearly all applications. Under the proposed rule, employers who want to hire high-skilled foreign workers will pay 70% more for visa applications.
Green card applicants will pay 130% more, and costs will multiply if the person has dependent family members.
The proposed fee increases are concerning to families, businesses, and universities alike. It’s uncertain whether higher fees will solve major flaws in the current immigration system, such as inefficient case processing, outdated technology, understaffing, and excessive wait times.
The proposed rule is open for public comment until early March.
