Los inmigrantes de Silicon Valley se enfrentarán a requisitos más estrictos para obtener la tarjeta de residencia.

Federal rule changes taking effect later this month will make it harder for immigrants applying to live and work in the U.S.

Starting Sept. 18, obtaining a green card will require a greater burden of proof that the applicant won’t become a “public charge” who is dependent on government benefits. As part of the process, green card applicants must submit more documentation, including showing their individual income, the financial status of everyone in their household and whether they are receiving any public benefits, according to San Jose immigration attorney Richard Hobbs. Other factors that may be considered include age, health, education, skills, assets and more.

“They’re onerous and they’re designed to prevent people from getting a green card,” Hobbs told San José Spotlight. “It’s going to create a lot of deep concern in the community, and the biggest impact will be on providing all of the documentation.”

The public charge rule has been around desde 1882 to determine a person’s eligibility to become a lawful, permanent U.S. resident. The rule has been implemented differently by various federal administrations and didn’t have clear guidelines until 1999 under President Bill Clinton.

The Clinton administration limited the rule to people receiving cash assistance from the government, such as Supplemental Security Income and Temporary Assistance for Needy Families, also known as California Work Opportunity and Responsibility to Kids or CalWorks. Immigrants dependent on the government for long-term institutionalization were also deemed ineligible for a green card.

In 2019, President Donald Trump expanded who could be deemed a public charge, but considerations did not extend to family members, such as U.S. born children using government benefits. It faced legal challenges, and President Joe Biden returned to the Clinton-era public charge guidelines when he took office in 2021.

Trump is expanding the guidelines again to include immigrants receiving “any and all benefits,” according to the U.S. Citizenship and Immigration Services website. Due to the vagueness in guidelines, it may also include people in the applicant’s household on Medi-Cal or receiving food stamps, housing assistance, childcare or other benefits.

In addition,  Hobbs said the rule change gives more discretion to federal agents to determine who may be granted lawful permanent resident status, making the process more subjective.

“It will have a very negative impact on low-income immigrants who will not be able to show through their own economic situation that they are able to reach the threshold,” he said.

The U.S. Department of Homeland Security anticipates the expanded public charge rule will cause those in mixed-status households to drop their benefits, estimating the government will save more than $ 13 mil millones al año. During Trump’s first term, about one in seven immigrants reported avoiding using government benefits after the announcement of the 2019 public charge rule changes.

Robert Yabes, immigration services program director for nonprofit Catholic Charities of Santa Clara County, said there has been fear and misunderstanding among residents who are concerned about the changes.

“Just saying that there is this public charge, people get scared,” Yabes told San José Spotlight. “That’s why we give information so that they will not give up the benefits that they are entitled for.”

Yabes said it’s important to protect against misinformation due to the distrust inmigrantes have against the government. He emphasizes that this public charge rule only applies to people seeking a green card, and not necessarily to immigrants already living here. There are also exemptions for refugees, human trafficking victims and people seeking temporary protected status.

During Trump’s first term, the public charge rule did not lead to an increase in green card denials, but made the application process more complicated and drawn out.

Since this rule is being implemented halfway through Trump’s second term, Yabes said it’s difficult to tell what affect it will have on those applying for a green card after Sept. 18.

“It takes a while to understand the trend,” Yabes said. “We are in San Jose. Maybe the implementation may be much lighter.”

Comunícate con Joyce Chu a través de [email protected] o @joyce_speaks en X.