|U.S. Citizenship and Immigration Services has published revised forms consistent with the final rule on the public charge ground of inadmissibility, which the U.S. Department of Homeland Security, including USCIS, will implement on Feb. 24, 2020. Beginning Feb. 24, 2020, applicants and petitioners must use new editions of the following forms below (except in Illinois, where the rule remains enjoined by a federal court):
In addition, except in Illinois, applicants for adjustment of status subject to the public charge ground of inadmissibility and the Final Rule will be required to submit Form I-944, Declaration of Self Sufficiency. Certain applicants whom USCIS invites to submit a public charge bond will use the new Form I-945, Public Charge Bond, for that purpose, and the new Form I-356, Request for Cancellation of Public Charge Bond, to request cancellation of a public charge bond.
Certain classes of aliens (such as refugees, asylees, petitioners under the federal Violence Against Women Act, and certain T and U visa applicants) are exempt from the public charge ground of inadmissibility and therefore are not subject to the Inadmissibility on Public Charge Grounds final rule. For more information about the classes of aliens who are exempt from the final rule, please see the USCIS Policy Manual.
Reporting Information About Benefits
The final rule requires aliens to report certain information related to public benefits. Instructions for Form I-944 require aliens subject to the public charge ground of inadmissibility to report and submit information about whether the alien applied for, was certified or approved to receive, or received certain non-cash public benefits on or after Oct. 15, 2019.
Instructions for Forms I-129, I-129CW, and I-539 require the petitioner or alien to report whether the alien received public benefits since obtaining the nonimmigrant status the alien seeks to extend or change.
Due to litigation-related delays in the rule’s implementation, USCIS is applying all references to Oct. 15, 2019, as though they refer to Feb. 24, 2020. Petitioners and applicants should do the same. In other words, aliens do not need to report the application, certification or approval to receive, or receipt of certain non-cash public benefits on the Form I-944 before Feb. 24, 2020. Similarly, petitioners and aliens do not need to report an alien’s receipt of any public benefits on Forms I-129, I-129CW, and I-539 if the benefits were received before Feb. 24, 2020.
Postmarks and Submission Dates for Forms
USCIS will accept the current edition of these forms if they are postmarked (or submitted electronically, if applicable) before Feb. 24, 2020. We will not accept them if they are postmarked on or after Feb. 24, 2020, except in Illinois. For applications and petitions that are sent by commercial courier (such as UPS, FedEx or DHL), the postmark date is the date reflected on the courier receipt.
USCIS is prohibited from implementing the final rule in Illinois, where it remains enjoined by the U.S. District Court for the Northern District of Illinois. If the injunction in Illinois is lifted, USCIS will provide additional public guidance. If you are applying for immigration benefits and live in Illinois, or are a petitioning employer in Illinois, please review the information on our website about how Illinois residents may access forms and apply in light of the injunction.
USCIS has also published guidance based on the final rule in the Policy Manual. For additional information, see the Policy Alert.
For more information about the final rule, see the Final Rule on Public Charge Ground of Inadmissibility webpage.
Immigration Research Archives
“…we roughly estimate that 32 percent (13.8 million) of the people immigration has added to the country since 1990 are illegal immigrants or their progeny.”
Center for Immigration Studies
We estimate that immigration between 1990 and 2017 added nearly 43 million people to the population, but had a minimal impact on the share of the population that is of working age. This is because immigration added to both the working-age population and to those outside of the working-age population in nearly equal proportions. We also find that post-1990 immigration had a somewhat larger impact on the ratio of workers to retirees. However, raising the retirement age by one year has as large an impact on the ratio as do the nearly 43 million post-1990 immigrants and their progeny.
Among the findings:
- In 2017, there were 30.8 million post-1990 immigrants (legal and illegal) and 12 million of their U.S.-born children and grandchildren in the country — 42.8 million in total, or one in eight U.S. residents.
- The 42.8 million people post-1990 immigration (legal and illegal) added to the country is larger than the combined population of 22 states.
- While adding significantly to the population, the presence of post-1990 immigrants and their progeny only increased the working-age (16-64) share of the population from 63.9 percent to 64.4 percent in 2017.
- Immigration had a small impact on the working-age share because immigrants arrive at all ages, grow older over time, and have children, so they added to both the working-age and those too old or too young to work in nearly equal proportions.
- Even if the number of post-1990 immigrants and their offspring was doubled to almost 86 million, about one in four residents, it would still only have raised the working-age share to 64.8 percent — 0.9 percentage points higher than if there had been no immigration.
- The working-age share can be seen as the best way to think about the ability of society to pay for government or support the economy, as both children and the elderly generally do not work and are supported by the labor of others.
- Excluding children, and looking only at the number of working-age people (16-64) relative to those of retirement age shows that post 1990-immigration increased the ratio from 3.7 potential workers per potential retiree to 4.1.
- If the retirement age were raised by just one year, assuming no immigration, the ratio of workers to retirees would be 4.1, matching the effect of post-1990 immigration.
- Increasing the retirement age by two years, assuming no post-1990 immigration, would have increased the worker to retiree ratio to 4.5 in 2017. It would have required doubling post-1990 immigration to nearly 86 million to match this effect.
- In terms of using immigration as a way to pay for entitlement programs, it must also be pointed out that a large share of post-1990 immigrants and their children struggle, living in or near poverty and using welfare programs at relatively high rates. This makes it difficult for them to generate a fiscal surplus that can pay for social insurance programs.
- In 2017, 45 percent of households headed by post-1990 immigrants or their adult children used one or more major welfare programs, compared to 26 percent of native-headed households. The rates of poverty or near poverty for post-1990 immigrants and their children were 50 to 60 percent higher than that of natives.
- While this analysis is focused on all immigrants (legal and illegal), we roughly estimate that 32 percent (13.8 million) of the people immigration has added to the country since 1990 are illegal immigrants or their progeny. Since legal and illegal immigration together have a modest impact on the working-age share or the worker-to-retiree ratio, the impact of illegal immigration by itself is very small.
Much more here.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) released new data (PDF, 140 KB) regarding arrests and apprehensions among the Deferred Action for Childhood Arrivals (DACA) requestor population. The data contains both criminal and civil information of those approved and denied under DACA.
The findings are part of a continuous release of information by the agency to its website on both the DACA policy and its requestor population; including most recently, data regarding ages and education levels of DACA recipients. The new data relates to arrests and apprehensions, which do not necessarily result in actual convictions.
Among the findings of the release:
- Almost 8-percent of total DACA requestors (59,786 individuals) had arrest records as of the date the systems were queried, which included offenses such as assault and battery, rape, murder, and drunk driving, among others. “Requestors” includes individuals approved and denied DACA.
- Of those individuals whose DACA requests were approved and had one or more arrests or apprehensions, 53,792 were arrested or apprehended prior to their most recent approval.
- Approximately 13-percent (7,814) of approved DACA requestors with an arrest had an arrest after their grant was approved and prior to renewal.
- 54.8-percent of DACA requestors with more than one arrest (17,079) most recently had a DACA case status of “approved” as of the date the systems were queried.
- 199 individuals who requested DACA had 10 or more arrests. Of those, 51 most recently had DACA case status of “approved,” as of the date the systems were queried.
- Of the total 888,765 DACA requestors, 797,297 had no arrests or apprehensions, and 710, 842 were approved.
“In striving for transparency, USCIS has released a variety of information on both the DACA policy and its population as part of a continued effort to keep the public informed. As such, criminal activity of DACA requestors has long been the subject of widespread discussion and speculation, with a regrettable lack of available data until now. The truth is that we let those with criminal arrests for sexually assaulting a minor, kidnapping, human trafficking, child pornography, or even murder be provided protection from removal. Yet the courts rule that we are unable to change this policy – even though those with criminal histories are getting through the system and permitted to remain in the country, despite having a high number of arrests for any types of crimes before or after receiving DACA protection,” said USCIS Director L. Francis Cissna.
“There are legitimate concerns over a portion of the population who have requested, and been granted, the privilege of a temporary stay of their removal under the illegal DACA policy. Until it can be repealed, this criminality data only reinforces the need for its continued review and scrutiny, which was imposed unilaterally by the Obama administration in circumventing Congress. It’s our hope that it helps the public and policy makers better understand the reality of the entire DACA population,” Cissna added.
Under current DACA policy, an individual may be considered for DACA if he or she has not been convicted of a felony, significant misdemeanor, or three or more “non-significant” misdemeanors not arising out of the same act, omission, or scheme of misconduct, or does not otherwise pose a threat to national security or public safety. Numbers of arrests alone do not necessarily disqualify a person from receiving DACA as a matter of discretion.
Center for Immigration Studies
Last month, the Guatemalan government participated in the “Encounter with Migrants 2017”, an event that aims to bring the Guatemalan migrant community in the United States and Guatemalan entrepreneurs closer together in order to promote investment, boost productivity of remittances, and curb emigration. During the event, Vice Minister of Foreign Affairs Carlos Martínez noted that the majority of Guatemalans migrate to the United States for better economic opportunities.
According to the “Survey on International Migration of Guatemalans and Remittances 2016”, by the International Organization for Migration (IOM), 91.1 percent of Guatemalans emigrate to the United States for economic reasons. Per the report, 56.8 percent of Guatemalans migrate in search of better employment, 32.9 percent to improve their income, 1.2 percent to buy a home, and 0.1 percent to open businesses. (These add up to only 91 percent, though the survey report says 91.1 percent, presumably due to rounding.) Moreover, IOM found that 3.7 percent migrate for family reunification. Meanwhile, only 0.3 percent migrate due to violence; 0.2 percent migrate as a result of extortion; and 0.2 migrate because of gang problems. Read the rest here.
Immigration Is No Fix for an Aging Society
By Steven Camarota
Its effects on programs like Social Security are tiny.
We hear it all the time. During the recent primary debate, Joe Biden said illegal immigrants “increased the lifespan of Social Security.” America must have large numbers of immigrants to “rebuild the demographic pyramid,” in the words of Jeb Bush.
To be sure, Americans have had small families for quite some time, and life expediency has increased. Our population is aging. But there is a significant amount of research on how much immigration can offset population aging in low-fertility countries such as the United States, and the answer is clear — not much.
In a 1992 article in Demography, economist Carl Schmertmann explained that, mathematically, “Constant inflows of immigrants, even at relatively young ages, do not necessarily rejuvenate low-fertility populations. In fact, immigration may even contribute to population aging.” After reviewing population projections, the former chair of Princeton’s sociology department and the director of its graduate population-studies program, Thomas Espenshade, observed:
It becomes apparent that the effect of alternative immigration levels on population age structure is small, unless we are willing to entertain a volume of U.S. immigration of historic proportion. . . . Immigration is a clumsy and unrealistic policy alternative to offset a shortage of domestic labor or to correct a perceived imbalance in the pensioner/worker ratio in the United States.
After looking at all the population projections prepared by the United Nations, Oxford demographer David Coleman has concluded, “There are no feasible migration solutions to the age-structure change and its effects on social security.” Coleman and others have pointed out that immigration can prevent population decline — that is, it can add a lot of people to the country — but it does not significantly change the age structure in the way that many immigration advocates seem to imagine. If we wanted to use immigration to offset population aging, the level necessary would have to be truly enormous.
A recent paper I coauthored based on the most recent Census Bureau population projections examined the impact of immigration on the nation’s age structure. Assuming current levels of immigration continue, the latest projections indicate that the total U.S. population will reach 404 million in 2060 — 79 million larger than in 2017. Future immigrants and their descendants account for nearly all (75 million) of the increase. Under this scenario, 59 percent of the population will be working-age (16 to 64). By contrast, in a zero-immigration scenario, 57 percent of the population would be working-age in 2060. More realistically, if immigration were limited to half of the expected level, 58 percent would be working age…
Unaccompanied Alien Children
Most UACs Released to Sponsors Without (Legal) Status
U.S. government completing the conspiracy to smuggle minors
By Andrew R. Arthur on April 29, 2019
According to U.S. Customs and Border Protection statistics, through March 2019, 35,898 UACs have been apprehended by the U.S. Border Patrol entering the United States illegally in the first six months of FY 2019. That compares to 50,036 in all of FY 2018, and 41,435 in FY 2017.
Read the report here.
Record $120 billion sent home to 3 top nations flooding US with illegal immigrants
March 20, 2019
Image: Washington Examiner
“The so-called “remittances” have been in the focus of some immigration reform advocates who want to tax the transfers. Proponents said that a tax on the money, some of which is collected under the table and outside payroll taxes, could help pay for President Trump’s proposed border wall with Mexico.
Under one proposal that failed to pass Congress, remittances would be taxed 7 percent. Pew Research Center revealed in January that immigrants in the United States sent home $138 billion in 2016 alone. A 7 percent tax would raise nearly $10 billion, enough to fund building the wall in three years.”
“These huge numbers also suggest that the United States should follow the lead of Oklahoma, and start collecting a share of the remittances to help mitigate the costs of illegal immigration. You could build a wall with some of that money, compensate victims of illegal immigration, and much more – and Congress should do it,” said immigration expert Jessica Vaughan of the Center for Immigration Studies.
Money immigrants send home is a huge part of the economy of those three nations, reaching over 20 percent in El Salvador and Honduras. Over 90 percent of the remittances come from immigrants inside the United States, though a United Nations group said that the money comes from a total of over 100 countries. Read more here.
February 9, 2019
No lack of skilled American tech workers
Americans don’t usually think of technical professionals as “guest workers,” yet at any one time, there are more than a half-million foreigners holding tech jobs in the U.S. They are here thanks to the H-1B visa program. H-1B, so the official spiel goes, addresses an alleged shortage of “highly skilled” Americans to fill jobs “requiring specialized knowledge.”
Growing evidence, however, points to companies using the program to replace perfectly qualified American workers with cheaper ones from elsewhere. A new report published by the Atlantic Council documents the abuses. The authors are Ron Hira, a political scientist at Howard University, and Bharath Gopalaswamy, director of the Atlantic Council’s South Asia Center.
Among their criticisms:
• Virtually any white-collar job can be taken by an H-1B visa holder. About 70 percent of them are held not by what we consider tech workers but by teachers, accountants and salespeople, among others.
“By every objective measure,” Hira and Gopalaswamy write, “most H-1B workers have no more than ordinary skills, skills that are abundantly available in the U.S. labor market.”
U.S. colleges graduate 50 percent more students in engineering and in computer and information science than are hired in those fields every year, according to a study by the Economic Policy Institute.
Cutting labor costs is clearly the paramount “need.” In Silicon Valley, computer systems analysts make on average just over $116,000 a year. But companies can hire H-1B workers at a lower skill level, paying them only about $77,000 a year to do the same work, the report says.
And it’s not unheard-of for companies to ask American workers to train the H-1B workers taking their jobs. “60 Minutes” featured Robert Harrison, a senior telecom engineer at the University of California, San Francisco Medical Center. Asked whether training his replacement felt like digging his own grave, Harrison responded:
Why does this program continue without serious reform? Mainly because its big boosters include such marquee tech names as Bill Gates, Mark Zuckerberg, Michael Bloomberg and Eric Schmidt. Big Tech has showered think tanks with funding to brainwash Americans into believing that their country is starving for tech expertise. Read the rest here.
Estimates of the Illegal Alien Population Residing in the United States: January 2015 (latest official figures)
The legally resident immigrant population as defined for these estimates includes persons granted lawful permanent residence, persons granted asylum, persons admitted as refugees, and persons admitted as nonimmigrants under classes of admission associated with residence (e.g., students and temporary workers, as opposed to tourists) and with authorized periods of admission ending after January 1, 2015.
Illegal Alien Residents
The resident illegal alien population is defined as all foreign- born non-citizens who are not legal residents (see above). Most illegal aliens either entered the United States without
- 1 The Department of Homeland Security refers to foreign-born non-citizens unlawfully present in the United States as “illegal aliens.” Previous versions of this report used the term “unauthorized immigrants” to refer to this population.
- 2 Previous editions of this report are available at:https://www.dhs.gov/immigration-statistics.
- 3 The estimates for Jan. 2013 and Jan. 2014 have been revised; see Appendix 2 for details and updated estimates.
inspection or were admitted temporarily and remained past the date they were required to depart. Persons who are beneficiaries of Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA) or other forms of prosecutorial discretion, or who are residing in the United States while awaiting removal proceedings in immigration court are included among the illegal alien population estimates. Illegal aliens applying for adjustment to LPR status under the Immigration and Nationality Act (INA) are considered to be part of the resident illegal alien population until they have been granted lawful permanent residence. Here.