Public Charge Explained: New Green Card Rules, ICE Changes & Travel Warnings | Pink Politics

[00:00:02]My name is Kathleen Martinez.

[00:00:03]>> And I am Alejandro Martinez.

[00:00:05]>> And welcome to Pink Politics where we give a breakdown of the latest headlines, laws, and what they really mean from a blunt but necessary [music] perspective.

[00:00:12]>> So, buckle up because it's going to be a bumpy ride.

[00:00:15]>> Okay, guys, welcome back to Pink Politics. We are going to talk about everything that went down last week, this week, every update immigration-wise that you can think of that I can do in long form. All right, so we're going to start with public charge. So, public charge was a thing that was created a long time ago, well before Biden, well before Trump, since 1996.

[00:00:34]And it's always been a thing that's been somewhat considered when it comes to applying for a green card and for immigrants and for admissibility, but now it's gotten a little bit more strict. So, starting from the beginning, public charge has always been a factor test.

[00:00:48]When applying for a green card, a USCIS officer will determine how likely are you to depend on the government, right?

[00:00:54]So, if you're very likely to depend on the government, then they don't really want to approve you cuz they want you to contribute to the economy versus vice versa, correct? So, certain factors that they would use when determining whether you are eligible for a green card are family size. Do you have a massive family that's going to depend on the government? Are you going to be on government benefits, basically? Wealth is really important. Do you I mean, what kind of income are you making? What kind of income is your sponsor making? Hence, the affidavit of support. As well as your health in general, your family's health. So, do you have diabetes? Are you likely to be eligible for insurance?

[00:01:27]Those are actual factors that were, you know, bit out by the Trump administration when it comes to public charge and affidavit of support. Are you in good health? Will you be eligible for health insurance? Will you be dependent on Medicaid, Medicare, etc.? How much money does your partner make? Do you have assets? Assets is very important, as well as your educational background.

[00:01:47]Are you able or more likely than not to get a job when you come here? What is your skill set? Which is all very normal. It's something that the United States, as well as other countries, have considered when it comes to your eligibility for obtaining any kind of permanent status in this country.

[00:02:00]However, it's a little bit different now. Let me explain.

[00:02:04]So, during the Biden administration, that was very much a thing, but the Biden administration really narrowed down public charge. Public charge was really not that heavily considered.

[00:02:13]During the Biden administration, I did not see any client get denied for public charge.

[00:02:18]But, they narrowed it down a lot depending on whether the client or the immigrant was heavily dependent on government assistance. So, remember the test is will you depend on the government? Will we have to pay for you if you get a green card, right? Um which is difficult because most undocumented immigrants are not even eligible for most of these programs, so I'm not really sure how they considered it other than the other factors that they were really not using during the Biden administration. So, the Trump administration isn't making up anything new. This is not new. What he's doing is he's taking public charge and he's expanding it. He's broadening it to the best of his ability, correct?

[00:02:54]So, now they're going to look into it as a factor test as they always will, but I'm assuming that they will heavily use every single factor against the immigrant applying for admission. So, really, really think about your family size. Do you have a lot of dependents?

[00:03:07]Are you in good health?

[00:03:09]What is your educational background?

[00:03:11]Will you be able to get a job? Will you be able to get a job that pays for private health insurance?

[00:03:17]Basically, are you going to depend on the government? Are you going to apply for snap? Are you going to apply for food stamps? Are you going to apply for medical assistance? That's non-emergency. That's will be very important. So, it's a factor test and any kind of immigration attorney will be able to determine whether there's some red flags, whether we should sort of get you off of some assistance so that we can supplement with other factors before you're applying for a green card. But, the good news is that it still is a factor test, you guys. Just because you used some type of medical assistance at one point of your life does not mean that you are going to be denied a green card. It means that it'll be factored against you, but you can supplement it with good factors, right? It's a factor test, it's a wholesome character test.

[00:03:57]So, if you use some kind of government assistance like SNAP for like 5 minutes, doesn't matter, right? Because you now have a job, now you have a degree, now you're you have an ability to contribute to the economy. You have a small family size, you're in good health. That is all very, very important and you can counteract any kind of negative public charge factor with that. Your spouse and your children, if they depend on government assistance, that will not be used against you. That is very, very important. I have a lot of people ask me on the internet, a lot of clients like, "Well, my wife who's a US citizen used non-emergency medical care." By the way, non-emergency medical care does not count. But, if your wife used SNAP or food stamps for like 5 seconds, 6 months, 1 year, 2 years, it still doesn't matter. They cannot use that against you. That is very important.

[00:04:41]It'll be a new rule that'll be implemented on September 18th as well as a new form for adjustment of status. So, this is applying to adjustment of status only. People applying for a green card in the United States. So, I haven't seen any announcement regarding consular processing. Obviously, refugees, VAWA, U visa, T visa applicants, anyone with a humanitarian application is exempt from this. Asylees, so don't worry about it if you're in those categories. However, if you're applying for a green card through an employer um or a family member in the United States, you're planning to adjust in the United States, then this is something that your attorney should be considering when applying for a green card. Any applications that are filed prior to September 18th of 2026 will not be considered when it comes to public charge. So, it will not be applied retroactively, thank god. So, if you're wanting to submit an application now, you got to do it now. You got to do it now. You cannot wait until after September 18th. Also, a new update in regards to all the ICE agent encounters.

[00:05:34]I'm sorry, murders. When it comes to these murders, the government has announced that the FBI will no longer be independently investigating these encounters. Why? Because Homeland Security is going to do it instead. Big problem with that though. Homeland Security works with ICE. FBI has an independent jurisdiction to investigate these encounters. They do not work with ICE.

[00:05:56]The FBI is not a branch under Homeland Security or under ICE or under immigration in general. That's why it is so important to the integrity of these investigations cuz the FBI has historically held these law enforcement officers accountable. That's the only way that they can get convicted in court is if the FBI leads a federal independent investigation. And now they are no longer doing it. That is a huge problem because now Homeland Security is now going to investigate ICE officers based off of their encounters. Do you think Homeland Security, a law enforcement agency that is working directly with ICE, is going to investigate ICE officers murdering people in daylight? No, of course they won't.

[00:06:33]That's [snorts] a huge problem, and I imagine there's going to be a ton of federal lawsuits filed by organizations in very favorable federal jurisdictions like, I don't know, the ninth. It's not going to go well for the Trump administration, that is.

[00:06:46]Unbelievably illegal, super biased, but not surprising. Also, big issue with traveling. If you are not a naturalized or not a US-born citizen, then you need to listen up about traveling. Disneyland is not worth it. Your summer vacation is not worth it if you fall into the following categories. You are undocumented. What I mean by that?

[00:07:06]Applying for asylum, you guys, does not mean that you have asylum. It means that you were undocumented. You were undocumented. You applied for asylum, doesn't mean you have it. It means you applied for it. Doesn't really matter, okay? So, if you have applied for asylum and you've not been approved, then you are a big target for this administration because you possibly fall under ICE jurisdiction. What do I mean by that?

[00:07:26]You've been here for less than 2 years.

[00:07:28]They can deport you. You put your information on the CBP One app when you entered in the Biden administration.

[00:07:32]You're a big easy target for them because they can just pick you up and deport you without a hearing. So, it's a lot cheaper, it's a lot easier for them to meet their numbers. This is very important. Now, big category of people are anyone who's entirely undocumented, like you [clears throat] lost TPS, you don't have DACA, you don't have any kind of legal status, you don't have work authorization. You are basically an unmarked person in the United States, right? So, if you're traveling, then what this is what's happening. ICE agents are literally pulling people out of the TSA line. They're actually pulling them out before the TSA line at some airports. In other airports, they're literally waiting for you to get through TSA to your checkpoint, and then gate agents are literally calling you to the gate. One attorney literally claimed that a gate agent called their client all the way up to the gate, and three ICE officer agents were waiting for them there. So, they let them go all the way through security only to get confronted by three separate ICE agents for a non-criminal undocumented immigrant to be waiting for them to get detained at the gate agent. You guys do not travel. It's not worth it.

[00:08:35]It's not worth it. I get it, you want to take your vacation, you want to go to that wedding. I don't care. Don't go.

[00:08:39]It's not worth it. It is not worth it. I am a very conservative attorney when it comes to this. So, I am sure you will hear from people say, "I got away with it." Great, doesn't mean that others won't. It's dumb advice to tell people to do something that's risky just because you avoided the risk. That's stupid. Do not tell other immigrants to do something because you got away with it or you were safe. You tell undocumented immigrants that you are friends with to consult an attorney before they take one step into any domestic airport in the United States.

[00:09:08]Other people who should not be traveling are people with green cards, conditional green cards based on marriage, who are now separated or divorced and have a pending removal of conditions application filed. Why? Because it is very dangerous to have sort of be in this limbo, right?

[00:09:24]Because your conditional green card is conditional based on you staying married. You are no longer married anymore, and your removal of conditions application with your waiver has not been approved yet. So, you're kind of sort of in this gray area where if you're traveling and you come back in the United States, Homeland Security and Border Patrol can have fun with you.

[00:09:40]They can decide that you violate the terms of your green card. They can look up your your phone. They can say, "Mhm, I think you cheated on your wife and you got a green card through fraud. I think you committed marriage fraud. I don't think you were actually legitimately married at all because your removal of conditions application has not been approved yet. So, I'm going to decide to put you in removal proceedings where you have to fight to keep your green card."

[00:09:58]Guess what? That gets really expensive.

[00:10:00]It's really expensive, you guys. It's not worth the Disney trip or the vacation versus having to pay an attorney like myself to now get you not only get you out on bond once you get detained if you get detained, but get you out of removal proceedings, right?

[00:10:15]It's not worth it. This is how I tell you to avoid paying lawyers like me.

[00:10:19]Listen, it's important advice. Next, um if you have a green card and you have recent criminal history, that history you really have to review with an attorney, but like big-time history that makes you deportable. You have a green card and since you've obtained a green card, you have committed a deportable crime. Yeah, not a good idea to leave.

[00:10:34]If you committed a crime before getting a green card and you're leaving and coming back, guess what Homeland Security is doing with you and Border Patrol? They are putting you into secondary investigation, which is very scary. It doesn't mean they're going to take your green card away from you, but do you want to go through that? I don't.

[00:10:48]I had a client get a green card last year um and he had criminal history before he got his green card. We did a criminal We didn't even have to do a criminal waiver because it wasn't a deportable crime. It was like a few DUIs or one DUI and one misdemeanor like reckless driving, which did not make him deportable or inadmissible for a green card. However, he decided he's got to Mexico to visit family. He He comes back and he is stopped and put in secondary and he calls me and he goes, "That was terrible. That was terrifying. I was horrified. I thought they would detain me right then and there." They didn't because they couldn't and I coached him well, but do you want to go through that for some summer vacation to Disney World? No, not worth it. Other categories of people, anyone who's placed in removal proceedings, my god, that should be obvious, but still, um you can check if you have a removal order based off of the following. Did you get caught at the border? Yeah, you probably had a removal order or removal case that an attorney can look up for you. Do you have criminal history that eventually placed in removal proceedings? If you did not go to your court date, guess what? You have a removal order now. Do not travel, okay?

[00:11:44]If you're questioning whether it's okay for you to travel, then you need to consult an attorney. Now, DACA, I know there's a whole group of you who follow me. So, DACA is a very special group of people to me because you don't technically not in a legal status with DACA. You're just deferred deportation and work authorization, so you're not a priority for ICE, but still you could potentially get placed in removal proceedings if you do something to mess up or violate the terms of your DACA status, correct? A lot of DACA recipients have removal orders, a lot of them. A lot [clears throat] of them. So, if you have a removal order, you have DACA, don't travel. Not worth it. If you have expired DACA, you have a removal order, don't travel. If you have expired DACA and recent criminal history, do not travel. If you have expired DACA, do not travel. It is not worth it until you get your DACA renewed, okay? I'm going to do a DACA update tomorrow anyway, so I'll go on to all the delays, lawsuit, mandamus, etc. Another traveling note, you have a pending VAWA, T visa, U visa application and you are applying through parole. It's an ability for you to leave and come back legally. You have a unique ability to leave the country, come back and have a legal entry, right? It's a one-time travel authorization. Do not do it. It is not worth it. I am hearing because of all the VAWA lawsuits, right?

[00:12:52]That people with pending VAWA applications are literally traveling and then they're not being allowed to board their second flight to the United States. A bunch of agencies are communicating with each other. They're all saying, "Call this agency, call Border Patrol, call USCIS, call ICE, call the airline." And no one's giving these people a straight answer. And what I can understand based off of attorneys who are representing these clients is that pretty much our theory is that because of all the lawsuits that USCIS is not wanting to adjudicate whether your VAWA claim is legitimate or not.

[00:13:21]So, they're telling you to just wait outside the United States while they do that. They're saying, "Because you can.

[00:13:26]You can have a pending vowel application, T visa application, U visa application from outside the United States. So what they're doing is they're telling airlines to block immigrants with pending vowel applications back in the United States despite the fact that they have a legal travel document. They are legally allowed to reenter the country. That's a huge problem. So with that being said, you have approved I-131 travel document and a pending vowel application, pending U visa, pending T visa, do not travel you guys. It's not worth it.

[00:13:55]It's not worth it cuz then yeah, it'll still be pending. It might even get approved at some point, but it'll be approved when you're outside the country. You're going to be in Mexico.

[00:14:02]Do you want to do that? It's not worth it. Don't travel. It's not worth it.

[00:14:05]Wait until this is out of office, please. Okay, student visa. If you are currently here on a student or a J-1, F-1 visa, how long you're in the United States is about to change. Listen to this. This is very, very, very important. Typically your visa would determine how long you stay here in the United States on your F-1, on your J-1 visa. That does no longer determine how long you're going to stay in the United States. What does? Your I-94. Your I-94 will tell you exactly how long you stay.

[00:14:30]The Trump administration has made some changes. Starting in September, if you're coming on an F-1 or on a J-1, you're only allowed to be here a certain amount of time. Let's for example, an F-1. Typically 4 years bachelor's degree, right? If you are on a program that's longer, it's a little bit different. You're going to have to apply for an extension or go back to your home country and start over and ask for permission to come back on the same F-1, J-1 or a different visa. So that's very important cuz a lot of people are coming here recently on a J-1 and F-1. They think that they can stay as long as their program is making progress, right?

[00:15:02]Some people take 5 years to get a degree. That's how long they were staying here. It is no longer the rule.

[00:15:07]The rule is that the government will now allow you a certain amount of years to stay, okay? So check with your attorney.

[00:15:13]A new I-20 will not cut it. You will literally have to ask for permission through an attorney, through your school or whatever for an extension to stay beyond that period of time typically 4 years or you're going to have to leave.

[00:15:26]Do not overstay because let me tell you the minute you overstay a visa for more than 6 months you have a bar. If you leave the country you can't come back for 3 years. If you overstay more than a year and you leave the country you can't come back for 10 years. So that's very very very important. Now if you have overstayed more than 6 months now you cannot apply for anything employment based. Employment based is very very very strict. If you're in the United States you can only adjust status or transfer visas to anything employment based or any other kind of non-immigrant visa if you are not out of status.

[00:15:55]Out of status meaning out of status for 6 months. So you have got to pay attention to the new terms that are implementing on September regarding a J-1 or an F-1 visa. Those are all the updates for immigration regarding today.

[00:16:06]I'll probably be uploading a little bit more tomorrow in regards to a DACA update. So pay attention and spread the love.