by Yeganeh Torbati, Isaac Arnsdorf and Dara Lind: For More Info, Go Here…
The VA’s approach differs sharply from the Pentagon’s, which won an exemption for active-duty members of the military.
Top officials of the Department of Veterans Affairs declined to step in to try to exempt veterans and their families from a new immigration rule that would make it far easier to deny green cards to low-income immigrants, according to documents obtained by ProPublica under a Freedom of Information Act request.
The Department of Defense, on the other hand, worked throughout 2018 to minimize the new policy’s impact on military families.
As a result, the regulation, which goes into effect in October, applies just as strictly to veterans and their families as it does to the broader public, while active-duty members of the military and reserve forces face a relaxed version of the rule.
Under the so-called public charge regulation, which became final last week, immigrants seeking permanent legal status in the U.S. will be subject to a complex new test to determine if they will rely on public benefits. Among the factors that immigration officers will consider are whether the applicant has frequently used public benefits in the past, their household income, education level and credit scores.
Active-duty military members can accept public benefits without jeopardizing their future immigration status; veterans and their families, however, cannot.
The rule, which could reshape the face of legal immigration to the U.S., is one of the highest-profile changes to the immigration system undertaken by the administration of President Donald Trump. An initial proposed version of the rule received over 266,000 public comments, the vast majority in opposition. Three lawsuits challenging the policy were quickly filed: one by a coalition of 13 states and filed in Washington state, one by San Francisco and Santa Clara County in California, and one by a coalition of nonprofit groups in California.
Because the new rule creates a complex and subjective test, it’s impossible to predict precisely how many veterans and their families who otherwise qualify for green cards will now be rejected. (The Department of Homeland Security told reporters last Monday that it hasn’t analyzed how many people would most likely be denied green cards under the new rule.)
However, documents tracking the regulation’s development show that the DOD was concerned enough that the rule would harm military families that it worked with DHS to limit the regulation, ultimately securing the benefits exemption for active-duty military members.