New Immigration Rule's Approach To Public Aid Is Not New

Law360 (August 26, 2019, 5:37 PM EDT) -- The U.S. Department of Homeland Security recently announced a final rule amending the department’s regulations on determining whether a prospective immigrant to the U.S. will likely become a “public charge” — a finding that would, in nearly all circumstances, prevent one from immigrating to the United States.[1] The announcement, yet again, brought the implementation and enforcement of federal immigration law to the forefront of political debate.

The public charge concept, however, is anything but novel in the practice of federal immigration law. It has long been one of several statutorily required points of consideration when federal officials determine whether a foreign national...

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