https://us7.campaign-archive.com/?e=a9fdc67db9&u=9d011a88d8fe324cae8c084c5&
“Vile.” “Repugnant to the American dream.” “Cruel.” “Callous and despicable.” “An abhorrent act of moral terrorism.” These are just a few of the comments that have been uttered in the past few weeks with respect to a policy change recently announced by the federal government. (These comments come, respectively, from Attorney General Xavier Bacerra of California, U.S. District Judge George Daniels, Congresswoman Grace Meng (D-NY), Congresswoman Judy Chu (D-CA), and Families USA.)
I know what you are thinking: What completely sensible thing has the Trump administration done now?
The quoted comments all relate to a so-called “final rule” issued by the Department of Homeland Security in the Federal Register on August 14, scheduled to take effect on October 15, on the subject of “Inadmissibility [for immigration] Based on Public Charge Grounds.”
So what is this new rule, and what about it has caused the progressive left to go completely berserk?
Here’s my take: Since Immigration Act of 1882, the U.S. immigration statutes have in clear terms explicitly instructed that entry be denied to any person deemed “unable to take care of himself or herself without becoming a public charge.” Despite the rather explicit language of Congress, the Clinton administration, in “guidance” issued in 1999, found a way to effectively read this provision out of the statute and admit large numbers of immigrants without regard to whether they were likely to become, or even were already, public charges. The Trump administration has now specified a basis on which the statute can and will be enforced as written and intended. Cue the outrage!
Let’s go through this in some more detail. The Immigration Act of 1882 was the very first general immigration statute in the U.S., so the “public charge” basis for exclusion of an applicant for a visa has existed for as long as we have had immigration laws. The relevant language has changed somewhat over the years, as extensive amendments and updates to immigration laws have been enacted; however, as far as I can determine, none of the changes have been material. Here is the current version of the “public charge” provision, as codified at 8 U.S.C. Section 1182(a)(4):