Department of Homeland Security Extends Temporary Protected Status for Yemen

Secretary of Homeland Security Kirstjen M. Nielsen announced an extension of the Temporary Protected Status (TPS) for Yemen. After consideration, Secretary Nielsen concluded the ongoing conflict and extraordinary and temporary conditions which initially warranted the designation persist and an 18-month extension of the designation is warranted. The approximately 1,250 Yemeni TPS beneficiaries are eligible to re-register for their extension of TPS through March 3, 2020, and Secretary Nielsen, before that date, will again review the conditions within the country to determine whether the designation should be again extended or terminated. In order to be eligible for the benefit under the current designation, individuals need to have maintained continual residence within the United States since January 4, 2017, continual physical presence within the United States since March 4, 2017, and meet the designation’s other eligibility requirements.

For more information, view the USCIS announcement.

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Trump Administration’s Public Charge Rule Aims to Weigh the Government Welfare Benefits for Green Card Applicants

The Trump administration has put forth a dramatic reimagination of federal regulations which determine which immigrants are classified as a “public charge.” This new definition would, if it were to go into effect, directly affect the legal permanent resident (LPR) applications for hundreds of thousands of immigrants. Becoming an LPR is the first step in the process of obtaining U.S. citizenship, so any augmentation made to this step will have tangible consequences on the prospects for immigrants to obtain citizenship. Under the guise of promoting self-sustainability, the new rule would punish poorer legal immigrants for receiving any amount of government aid. This would in effect limit paths to citizenship to those with the financial means to do so. Though the administration’s estimates show the new policy shift would affect 380,000 applications on a yearly basis, immigration advocacy groups believe this figure to be deflated and the policy will affect far more people.

The definition of “public charge” is at the heart of both the policy change as a whole as well as how far-reaching its consequences will be. The term was first coined in the Immigration Act of 1882, referring to individuals who, upon immigrating to the country, could be turned away if they were deemed by port officials to be unable to provide for themselves, the responsibility for which would be passed to the general public as a “public charge.” The Trump administration has extended the interpretation of this definition to encompass individuals who are the recipient of public federal aid. Specifically included are programs such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and state and local cash assistance. The new policy is to apply to any individual seeking a green card as well as those attempting to acquire or extend a temporary visa.

For more information, view the full article or Greg Siskind’s section by section analysis in his Siskind’s Summary of the Proposed Public Charge Rule.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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