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Throughout history, immigrants journeyed to America with the goal of achieving success through hard work. They relied on their ethnic or faith communities for assistance in finding housing and employment, never expecting the government to provide for their basic needs.
Dependence on the state right from the start contradicted American values. In today’s era of an expensive welfare system, it is financially unwise to welcome individuals who lack the means to support themselves.
Therefore, our immigration laws reasonably dictate that individuals who appear to be “public charges” and require immediate assistance should be ineligible for visas.
Homeland Security Secretary Alejandro Mayorkas testifies before a Senate Appropriations Subcommittee on Homeland Security, on Capitol Hill on May 4, 2022. (Kevin Dietsch/Getty Images)
However, the public charge rule introduced in 2022 has been rendered practically ineffective due to regulatory changes. The law states that any alien who is likely to become a public charge at any point during the visa application process or during admission or status adjustment is inadmissible.
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It is clear that visa applicants who demonstrate a potential burden on U.S. public funds, without having contributed anything, should be denied visas.
However, the Department of Homeland Security’s interpretation of “likely at any time to become a public charge” includes being primarily dependent on government assistance or being institutionalized at government expense. This means that immigrants can still access various federal, state, and local benefits without being deemed ineligible for visas. In my experience processing thousands of immigrant visas, very few were refused due to the public charge rule.
Furthermore, the public charge rule has been filled with exceptions, rendering it ineffective. Here are some of the immigrants exempt from the rule when applying for visas or adjusting immigration status:
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“Asylees and refugees; Amerasians; Afghans and Iraqis employed by or on behalf of the U.S. government; Cubans, Haitians, Nicaraguans, and other Central Americans adjusting to permanent residency; religious minorities from the former Soviet Union; special immigrant juveniles; illegal immigrants residing in the U.S. since 1972 with good moral character;
“Applicants seeking Temporary Protected Status; surviving spouses, children, or parents of military members; American Indians born in Canada; members of the Texas Band of Kickapoo Indians; certain nationals of Vietnam, Cambodia, and Laos; Polish and Hungarian Parolees; certain Syrian nationals; and applicants adjusting under the Liberian Refugee Immigration Fairness (LRIF) law.”
But the list doesn’t end there. Even though they have to submit an affidavit of support (which often holds little value), the following individuals are also exempt from the public charge rule:
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“Aliens with pending applications for victims of human trafficking (T) or victims of qualifying crime (U) visas, regardless of the claim’s legitimacy; aliens self-petitioning under the Violence Against Women Act (VAWA); and aliens claiming to have experienced abuse or cruelty from a family member in the U.S. (regardless of its veracity).
Oh, and there’s one more category excluded from the public charge rule — every single inadmissible alien the Biden administration has allowed into the country since January 2021. This exception is crucial because we’re talking about millions of illegal immigrants who continue to arrive.
The parallel immigration system of Biden’s parole-based programs, which admit illegal aliens under the guise of asylum seekers, doesn’t require any financial obligations or consider significant taxpayer support when admitting individuals, potentially for life.
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Even if these parolees ever apply for asylum (which many don’t), there are no fees involved in the entire process, and reliance on government assistance is never a hindrance. The same applies to individuals released pending deportation hearings, who may remain in limbo for over a decade before receiving a decision (which, in around 85% of cases, results in their asylum claim being rejected).
Biden’s open borders policy places an unlimited financial burden on taxpayers. One can only wonder how much more the already burdened taxpayer can bear.
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