Up to 75,000 Immigrants Could Face Hard Choice Under Trump Rule

A proposed new rule by the Trump administration could prompt 75,000 New York City immigrants to forgo public assistance, even though they're eligible, if they hope to become permanent residents.

The government already weighs whether an immigrant is likely to become a "public charge" when reviewing green card applications, focusing, for the most part, on whether he or she received local, state or federal welfare payments. But the new proposal would broaden the pool of public benefits that would be taken into consideration to include food stamps, Medicaid and public housing.

About 75,000 legal immigrant New Yorkers who do not yet have green cards are currently eligible for such benefits, according to Bitta Mostofi, commissioner of the Mayor's Office of Immigrant Affairs.

"They would immediately be impacted by this if it went into effect and it could, in the future, impact their ability to become legal permanent residents," she said

She emphasized that immigrants who are currently receiving those benefits can still get them.

"It's really important for communities to know that they do not need to dis-enroll from benefits today," Mostofi explained. "The fact that they receive benefits today cannot be used negatively against them in their immigration process in the future."

However, they will have to drop the benefits within 60 days if the rule goes into effect, in order to apply for green cards without negative consequences. 

There have been reports of fearful immigrants turning down government assistance because they don't want to jeopardize green card eligibility.

In addition to considering whether an applicant is taking public benefits, the proposal would also allow immigration officials to review an immigrant's income, family size, age and health to determine if they're at risk of going on public assistance. Mostifi estimated these criteria could hurt another 400,000 immigrants if they wish to apply for green cards.

Current green card holders and refugees would not be affected. But Mostofi said the proposal has created so much confusion that many more immigrants may avoid applying for any public assistance, or withdraw from benefits. She said that would have a negative economic impact on the city.

U.S. Homeland Security Secretary Kirstjen Nielsen has said the proposed rule would "promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers."

The proposal must go through 60 days of public comment before being adopted by the Department of Homeland Security.

Immigrants with questions can go to NYC.gov/PublicCharge for more information and also call the New Americans Hotline operated by Catholic Charities, at 1-800-566-7636 from 9 a.m. to 8 p.m. Mondays to Fridays.

Correction: the original version of this story said immigrants who receive public benefits would be grandfathered if the public charge rule goes into effect. They would actually have a 60-day grace period to drop the benefits.