With “public charge” rewrite, Administration building a legal wall to help slow migrant flow to America; however, refugees will still get welfare

President Donald Trump has many avenues to slow the immigration steam roller that is changing America by changing the people.

Making it harder for wannabe future ‘new Americans’ to stay, is to require that they won’t suck off the federal teat in the process of advancing toward a green card and future citizenship.

stephen miller smirk
Stephen Miller is at it again says Politico

But before you get excited, know that refugees and asylees (and a whole bunch of other categories of legal immigration) are exempt from a proposed rule change.

When the bill that became the Refugee Act of 1980 was debated in Congress, ol’ Teddy Kennedy promised that we weren’t simply bringing more impoverished people to America to place on welfare.  He lied!

I want to know why the supposed humanitarian NGOs (the contractors) presently being paid by us, the taxpayers, to take care of refugees can’t use their own money to feed and house the refugees they say they love.  After all, they claim that the refugees quickly find work and become self-sufficient!

Here is Politico which obviously is sending a message for Dems and Leftwingers to strongly oppose (protest!) the proposed rules they claim are straight from the evil brain of White House aide Stephen Miller. Never mind that controlling immigration was the primary reason Donald Trump was elected to sit in the Oval Office and Miller is one of the few who remember the promise!

The Leftwing media focus on Miller is a classic Saul Alinsky tactic.  I suspect he finds the attacks amusing.

Politico:

Immigrants may be denied green cards if they’ve received benefits

 

The Trump administration proposed expanding its pre-election crackdown on immigration by denying green cards to legal immigrants if they have received government assistance.

Under the new rule, which the Department of Homeland Security posted online Saturday, immigrants can be denied so-called “lawful permanent residency” if they’ve received certain government benefits — or if the government anticipates that they may do so in the future.

The measure represents the latest move by White House aide Stephen Miller to reduce drastically all immigration to the U.S., both legal and illegal, and reflects his strong conviction that doing so will improve congressional Republicans’ chances in the midterm elections. The benefit programs targeted include the the Supplemental Nutrition Assistance Program (food stamps), Temporary Assistance for Needy Families (welfare), Medicaid, and Medicare Part D (prescription drug subsidies).

The regulation could force millions of low-income families to choose between government assistance and permanent settlement in the United States.

Advocates fear it could ultimately restrict children’s access to food and health care.
The move will affect mainly legal immigrants and their families, since undocumented immigrants are not eligible for most federal benefits.

[….]

The proposed regulation would provide a more robust enforcement mechanism for longstanding statutory boilerplate that bars immigrants “likely to become a public charge.”

[….]

Hans+von+Spakovsk
Trump’s fatal error in the end could be his failure to put people like Von Spakovsky in his administration so loyal aides like Miller would not be virtually alone in fighting the deep state.

Roughly one million people become lawful permanent residents each year — a generous allotment, according to Hans von Spakovsky, a senior fellow with the conservative Heritage Foundation.

“We can be choosy about who we allow into the country,” he said. “One of the primary factors ought to be ensuring that the legal immigrants who come in are people who can financially support themselves.”

Approximately one-third of the federal budget goes to health insurance subsidies and social safety net programs, according to the non-partisan Center on Budget and Policy Priorities — an expenditure the Trump administration and Republicans seek to reduce.

[….]

A range of activists spent months preparing for the rollout of the proposed regulation and plan to wage an opposition campaign. The proposal will now be subject to a public comment period, an opportunity for opponents to mount an assault on the plan.

A coalition led by the National Immigration Law Center and the D.C.-based anti-poverty Center for Law and Social Policy will push for a wide range of businesses, organizations and government officials to submit comments.

Refugees, Asylees, Cuban/Haitians, Special Immigrant Visa holders, those here through the ridiculous ‘temporary protected status’ program, more! are all exempt!

The prospective regulation wouldn’t apply to all immigrants. Refugees and asylees are exempt, as are certain victims of domestic violence and children who qualify for “special immigrant juvenile status,” which is available to minors who were abused, neglected or abandoned by a parent.

Foreigners who apply for “temporary protected status” to remain in the U.S. after a natural disaster or armed conflict in their home countries will also be exempt, so long as they received a blanket waiver to absolve them of any public charge considerations.

See Jim Simpson’s chart on how many refugees and others have been approved as ‘new Americans’ in the last ten years and know that all of these will be exempt!***

simpson-table-1
It isn’t clear if the UAC ‘children’ will continue to receive welfare but I suspect they will.

 

Continue here if you wish.  Politico, through its long report, is helping the Left figure out who opposes the draft measure and offering a blueprint on how best to fight it including stalling it by overwhelming the system with thousands and thousands of comments.

***If you need more proof than what Politico says, here is a screenshot of a portion of the draft regulations exempting refugees and asylees.  This is from page 85 but more exemptions are on page 86,87,88, and 89!

 

Screenshot (1454)_LI
The list of exemptions goes on for four more pages!

State Department: 30,000 refugee cap for FY19 may not be final number!

We too were surprised when Secretary of State Pompeo announced a cap of 30,000 refugees to be admitted to the US in FY19 which begins in nine days.

Although as we have chronicled over the years, the State Department and Congress have played loosey-goosey with the required “consultation” between the branches over the refugee numbers for the coming year, Pompeo’s surprise announcement did seem premature.

(See my post of last year about what the process is supposed to entail, here.)

Goodlatte and Trump
Judiciary Chairman Goodlatte to the Prez: We want to “consult” on refugee cap. So Bob, where is the hearing also required by law!

Now we see there is some waffling after a sanctimonious Judiciary Chairman Bob Goodlatte has called out the Administration for not “consulting” with them first.

Many legally-required consultations over the last ten years have been nothing-burgers where a few staffers from the State Department went to the Hill to meet with staffers there to discuss the coming refugee year.

I don’t know if any Members even show up.  I asked my Congressman if I might be permitted to go to the consultation one year and he reported that, no the public was not permitted to attend.

Although, in most years the consultations were perfunctory, there was one exception recently and that was the big show that Secretary of State John Kerry put on for FY2016 about Obama’s inflated 110,000 determination in the fall of 2016.  (They thought Hillary was going to win and they were flexing muscles and getting ready for the big year ahead!)

Otherwise there has been only scant attention paid to the law requiring that the President consult with Congress over the numbers.

Now here we see that the outgoing Chairman of the House Judiciary Committee, Bob Goodlatte, wants his consultation.

Heck, maybe the Administration can give him a consultation next month, or in November, and hold up the whole darn thing with zero coming in in the interim! 

From The Hill:

Goodlatte: Administration undercut law, Congress by setting refugee cap

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) on Thursday accused the State Department of defying the law by proposing a sharp reduction in refugees to the United States.

The charge marks a rare rebuke of the administration from Goodlatte, who wants officials to consult “immediately” with Congress before establishing a final cap on refugees to be accepted into the country next year.

“The law is clear: the Administration must consult with Congress prior to the President’s determination of the annual refugee ceiling,” Goodlatte said in a statement. “But this did not happen this year, and the Trump Administration has no excuse for not complying with their obligation under the law.”

[….]

Democrats have pounced on the cutbacks, warning that the administration is undermining the country’s historic role and international credibility as the world’s safe-harbor for threatened populations and a champion of human rights.

Republican critics have focused less on the figures than on the legality of the administration’s move to establish a cap without first seeking input from Congress. Earlier this week, Senate Judiciary Committee Chairman Charles Grassley (R-Iowa) condemned the administration’s unilateral move.

[….]

Goodlatte took that criticism a step further, suggesting no refugee cap can be legally established without Congress weighing in first.

“There is a real question as to whether the President can even set a number of refugees that carries the weight of law unless it is done after an appropriate consultation with Congress,” Goodlatte said.

He’s also calling for reforms that would empower Congress, not the administration, to have the ultimate say in determining that annual number.

By the way, Goodlatte has been responsible for this committee and the refugee program for years and never really pushed for serious reform of the Refugee Act of 1980.  Oh yeh, he proposed some legislation, but never made it a priority.

Now we see that in response, the State Department is saying there is wiggle room in that 30,000 cap.  The Hill story continues….

On Tuesday, the day after Pompeo’s announcement, State Department spokeswoman Heather Nauert said the administration plans to consult with Congress before finalizing its refugee ceiling. The cap “may” change, she said, based on those talks.

Hey folks, don’t think this means the number could go down!

Remember I said it should be zero, which would be the only leverage the White House would have to push a complete overhaul of an ill-conceived US Refugee Admissions Program.

Where is Goodlatte’s hearing?

Before the President makes his final ‘determination’ a hearing “shall be held” in the House and Senate Judiciary Committees!

So let’s have the full legal requirements carried out which includes a public hearing by Goodlatte’s committee and the Senate Judiciary Committee centered around a report the State Department is supposed to send to Congress as part of the consultation process.

Let’s begin following the law now and maybe the whole decision can be dragged out for months.