Commentary, immigration, News, Trump Administration

After Trump administration rule change, immigration visa denials soar

New data released by the U.S. Department of State show a significant uptick in the number of visa denials on grounds of public charge compared to data from prior years.

These data, in addition to the public charge rule change proposed late last year, demonstrate the Trump administration’s commitment to restricting immigration, particularly for families accessing critical resources.

While the public charge rule has existed in some form for more than 100 years, its current definition took effect in 1999 and is based on the likelihood that someone will become a “public charge” by using certain public benefits for which they are eligible.

Experts agree that the departure from previous data on visa denials is likely due to a revision made in early 2018 to the State Department’s Foreign Affairs Manual (FAM), which instructs U.S. consular officials on granting visas to immigrants and non-immigrants who are abroad and seeking to enter the U.S.

The new manual language imposes stricter rules about use of public benefits, income levels, and proof of financial support from family. This change came as part of a response to a 2017 White House Memorandum prompting increased vetting of visa applicants and others seeking entry into the United States.  While the FAM governs persons who are abroad and seeking to enter the U.S., the proposed public charge rule that is currently being reviewed at the federal level impacts those who are already inside the U.S. and are seeking to obtain a visa or green card.  The increase in denials based on public charge for visa applicants outside the U.S. could be a bellwether of what would happen if the proposed public charge regulation were to go into effect for applicants inside the U.S.

News about this dramatic increase in visa denials, along with confusion and fear about the current proposed rule,  could have a chilling effect on families accessing the programs they need to make ends meet.  It can also thwart our country’s vision of ensuring people in need can live in a country that respects and supports their well-being.

Suzy Khachaturyan is a Policy Analyst with the Budget & Tax Center, a project of the North Carolina Justice Center.

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