PANDEMIC BLOCKED PUBLIC CHARGE RULE BY DEV B. VISWANATH, ESQ.

 By Dev B. Viswanath, Esq., the public charge rule was stopped because of the pandemic.


The United States Citizenship and Immigration Services (USCIS) began nationwide implementation of the Inadmissibility on Public Grounds rule on February 24, 2020. This meant that any applicant who, in the opinion of a consular officer or Attorney General, was likely to become a public charge was deemed inadmissible at the time of application for admission, visa, or adjustment of status.



A federal judge temporarily halted the Trump administration's implementation of the public charge rule during the coronavirus pandemic on July 29, 2020, by issuing two nationwide injunctions. The public charge rule was made to make it harder for immigrants who used public benefits like Medicaid, food stamps, and housing vouchers to get legal status. Additionally, the rule would have discouraged residents from seeking COVID-19 testing and treatment, which increases the public's infection risk as well. The "public charge" rule cannot be enforced, applied, implemented, or treated as effective by the Department of Homeland Security (DHS) during any time there is a declared national health emergency in response to the COVID-19 outbreak, according to the injunction against DHS. "Adverse government action that targets immigrants, however, is particularly dangerous during a pandemic," according to Judge George Daniels.

 

The President's Healthcare Proclamation, which mandates that visa applicants present evidence of private health insurance, and the Department of State's public charge rule were both challenged in the second injunction. The Department of State's public charge test will not affect immigrants who want to go through consular processing as a result of this injunction.


Letitia James, the Attorney General of New York State, claims that immigrants have been at the forefront of the pandemic since its inception. She said in a statement, "As they continue to fight COVID-19, today's injunction will ensure that they are not targeted for obtaining health coverage or other essential services." Because every person who does not receive the necessary health coverage today runs the risk of infecting another person with the coronavirus tomorrow, this order is essential to our nation's health.


Given that there have already been disagreements on the subject, this issue is likely to be brought before the Supreme Court. President Trump has made it his goal to make it harder for new immigrants and people from other countries who want to make America their "Land of Opportunity!" The decisions made by the courts, in this case, will undoubtedly assist in halting the President's illegal mission.


With the world in a state of chaos, panic, and despair on the eve of Indian Independence Day, I would like to take this opportunity to wish all Indians and people who are proud of their Indian heritage a very happy Independence Day! In order for Mother India to finally break free from the chains of imperialism and oppression, hundreds of thousands, if not millions, of our brothers and sisters labored through extreme hardship. We are undeniable evidence of their success! Happy Hind!

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