Under the new guidelines implemented by the Donald Trump administration, an immigrant can now be deported even if he or she has a green card. A green card used to be an immigrant’s protection from getting deported, but it seems that it is no longer the case.
As immigration laws keep evolving under the presidency of Donald Trump, U.S. Citizenship and Immigration Services (USCIS) has implemented new guidelines, under which documented immigrants can be deported from the country if they violate or abuse the rules of federal and state programs that offer public benefits to immigrants.
Even green card holders can be deported under the new guidelines
The new guidelines say that even green card holders can now be placed into deportation proceedings if they violate or abuse “any program related to the reception of public benefits.” If there is any evidence or suspicion that a document immigrant has abused or violated the rules of federal and state programs offering benefits to immigrants, that person will be summoned to appear before an immigration court and could be deported if his or her deportation defense lawyer fails to win the case.
In particular, the government will be looking for evidence of “fraud or willful misrepresentation” in connection with “any official matter or application before another governmental agency,” according to the guidelines reviewed by our Salt Lake City green card attorney from the Familia America Immigration law firm.
As outlined in the new guidelines, immigration officials’ authority will be greatly expanded when it comes to issuing Notices to Appear (NTA) before an immigration court. These notices mark the beginning of deportation proceedings and can eventually lead to the immigrant getting deported from the country.
What public benefits are currently available to green card holders?
One may argue that the description provided in the guidelines is rather vague, and it is not immediately clear what the lawmakers are referring to when saying “public benefits.” Our experienced green card lawyer in Salt Lake City explains that the main public benefits offered to green card holders and immigrants with legal residence permits are:
- Medicaid for low-income immigrants and/or immigrants with disabilities;
- Temporary assistance for needy families;
- Supplemental Nutrition Assistance Program;
- Supplemental Security Income; and
- Children’s Health Insurance Program.
What many immigrants in Utah and elsewhere in the United States do not realize is that receiving assistance and public benefits from the above-mentioned programs could mess with your application for a green card. Under a new proposal by the Homeland Security Department, documented immigrants could be prohibited from obtaining a green card if they or their children receive any of the above-mentioned public benefits or assistance, including food stamps.
The deportation procedure could speed up
“As the new guidelines for the issuance of NTAs and expansion of immigration officials’ authority is perfectly in line with U.S. President Trump’s anti-immigration policies, the are also expected to increase the number of NTAs as well as expedite the deportation procedure,” warns our Salt Lake City green card attorney from the Familia America Immigration law firm.
The most troublesome part is that non-citizens who apply for a green card, citizenship or extension or change of status will be placed into deportation proceedings if that benefit is denied. The new measures were announced by USCIS late last month. Before these new measures, to be fast-tracked for deportation you had to be convicted of a crime in the U.S.
We are entering a very dark era for immigrants and green card holders in the United States. Do not hesitate to speak to our immigration lawyers at the Familia America Immigration law firm to discuss your particular case. Let us help you with whatever it is on your mind. Call our offices at 801-656-9605 or fill out this contact form to schedule a free consultation. Se habla Espanol.