The Trump Administration is expanding a longstanding immigration policy that will make it more difficult for undocumented immigrants to become legal residents if they’re likely to need government assistance.
That policy change allows immigration officials to label applicants as a “public charge,” thus denying citizenship if they believe the applicants may be likely to use any form of public assistance such as welfare, food stamps, or federal health care benefits.
In the past, the “public charge” policy would only apply to applicants that have received government assistance. Now, the policy expansion will include those applicants that the government deems “as likely” to receive public subsidies.
The administration has been enforcing the planned policy change without final approval from the Department of Homeland Security, according to two local immigration attorneys.
One San Diego family told NBC 7 Investigates the policy’s enforcement led to them being separated and forced their to live on each side of the border.
“They miss him so much. My husband, he is the head of the house. He was in charge. He worked, made the kids dinner, and took them to their sports practices,” says Ana Sanchez, a San Diego resident whose husband Leo is now living in Tijuana after the immigration denied his application for citizenship.
Leo Sanchez and his wife Ana came to the country illegally more than fifteen years ago. Since arriving, Leo and Ana have had steady jobs and have never applied for any kind of government assistance. Leo has never been arrested or charged with any crime, in the U.S. or in Mexico.
Three years ago, Ana Sanchez became a legal citizen. Last year Leo applied and the couple hired a San Diego attorney to help with the process.
“We had all the necessary documents that they wanted,” says the couple’s attorney, Mari Ancel. “We had everything we checked all the boxes of everything so that he should have just gone in for his interview and been approved.”
Ancel tells NBC 7 that Leo Sanchez had a sponsor, the equivalent to a co-signer for a loan, who put up their own money to ensure that Sanchez would not apply for any government assistance.
Despite all of this, when Leo Sanchez met with immigration officials at the U.S. Consulate in Juarez, Mexico in May 2018, officials there rejected his application under the “public charge” provision.
Ana was forced to fly back to San Diego alone. Leo, on the other hand, traveled to Tijuana in order to stay close to his wife and three children.
Leo is now living in Tijuana and working, saying he earns just enough to survive. That has left Ana forced to support her family on the money she earns cleaning houses.
“I'm struggling right now,” says Ana. “I mean it's very hard. It's hard because you know I had to pay the rent. Sometimes I need to pay some bills. Sometimes I call the company and say I can’t make a payment today.”
Ana refuses to seek any help from the government in fear that by doing so, she will further hamper Leo’s chances at gaining citizenship.
“It’s been very hard. I don’t want to ask for food stamps because I don’t want to become a public charge,” says Ana.
But the family has felt the separation from Leo in other ways as well.
Ana says her 10 year-old son is having problems in school and calls her frequently to make sure immigration authorities have not taken her away, this despite she is a citizen.
“He tells me that he doesn’t want to have to live in a shelter or go to another family,” says Ana.
Attorney Ancel says she has filed a new application and hopes it will be expedited.
“I’ve been doing this for over 30 years,” says Ancel. This is something new. And, unfortunately it’s a policy that I don’t think they will be reversing any time soon.”
Rick Sterger also practices Immigration Law in San Diego. He too has seen a dramatic shift in the U.S.’ approach to legal immigration.
“I don’t like the idea of enticing people to seek a Visa legally and then change the criteria while they are already outside of the country,” says Sterger.
“These people have already received the waiver for entering this country illegally and then subject them to what is a subjective process of the public charge designation is, frankly, problematic.”
Despite the example of Leo Sanchez as well as Sterger’s client, the Department of Homeland Security says the policy has not been formally adopted but is needed in ensuring qualified applicants are allowed to enter.
“Under long-standing federal law, those seeking to immigrate to the United States must show they can support themselves financially,” reads a statement from Department of Homeland Secretary Kirstjen Nielsen. “The Department takes seriously its responsibility to be transparent in its rulemaking and is welcoming public comment on the proposed rule. This proposed rule will implement a law passed by Congress intended to promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers.”
Leo Sanchez has since re-filed his application, including his co-sponsor who has agreed to financially support him in case of any financial hardship.
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