President Donald Trump and his administration have taken another step toward limiting who can legally immigrate to the United States, announcing that, as of Jan. 21, the distribution of visas for nationals from 75 countries, the majority of which are located in Africa and Asia, will be indefinitely paused.
“This decision will separate families and block workers who have followed the necessary steps to acquire permanent status in the United States,” Asian Americans Advancing Justice (AAJC), a national nonprofit founded in D.C. in 1991, wrote in a statement. “The pause disproportionately targets immigrants of color—yet another indication of the xenophobia and racism driving this administration’s policies.”
This notion will apply to categories that lead to lawful permanent residence and does not pertain to those classified as non-immigrant visas. In a Jan. 14 update on its website, the Department of State (DOS) intends for the pause to remain active until it reevaluates its policies and regulations to guarantee that immigrants from the affected countries don’t become public charges, financially dependent on the U.S. government.
The administration’s reasoning is contradictory when considering the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, which remodeled the nation’s welfare system, restricted immigrant access and emphasized the need for immigration status verification from benefit-granting agencies. Most green card holders who can receive benefits aren’t able to do so until after five years of residing in the U.S.
“That means when you come to the U.S. with a green card, you get no Medicaid, you get no food stamps [and] you get no cash assistance,” said U.S. immigration lawyer Brad Bernstein in a video posted to Instagram. “Even after those five years, most benefits require a long U.S. work history.”
Almost every family-based immigrant needs an Affidavit of Support, which an individual signs to make themselves financially responsible for the applicant entering the U.S. The contract ensures that the immigrant will not need public benefits. If the sponsored immigrant uses means-tested public benefits, which are welfare programs based on income, then their sponsor is at risk of being held liable for paying the government agency back the costs of the aid received.
Because of this, Bernstein believes the solution to preventing access to welfare is as simple as enforcing the laws against the sponsors, since they are the ones who legally bound themselves to this financial responsibility. As the PRWORA has already been in effect for almost 30 years, a means to ensure immigrants don’t become public charges already exists, which, advocates like Bernstein note, deems the pause and the supposed reasoning behind it unnecessary.
“This ban is not about fixing a loophole because there is no loophole,” Bernstein said. “This is a punishment. It’s anti-immigrant [and] its politics dressed as public charge enforcement.”
Deliberately Complicating the Immigration Process
Despite the current freeze, DOS is still allowing and advising people looking for permanent U.S. residency to apply for immigrant visas and attend interviews. The Department will still schedule these applicants for appointments, but as long as they are nationals of the list of countries affected, they will not be issued a visa.
During the time of the freeze, some immigration attorneys may advise their clients not to allow their application to reach the stage in which it is documentarily complete at the National Visa Center (NVC). After this stage is reached, the NVC coordinates with the appropriate U.S. Embassy or Consulate to schedule an interview appointment.
“The major disadvantage really has to do with the fact that they’re gonna place your case in what’s known as administrative process, which is an administrative hold, so to speak, and it’s indefinite,” said immigration lawyer LaToya McBean Pompy.
She said that since there is no set end date for the freeze, once it is lifted, U.S. embassies will require applicants to resubmit their documents, such as tax returns, police clearance, medical records and so forth. This elongates the process, which may have been almost complete, and means more money out of applicants’ pockets, even though immigrating to the U.S. already costs thousands of dollars.
“It’s really unfair to have these individuals go all the way until the end, only to not give them their visas,” Pompy continued.
This pause comes after a year full of travel bans and immigration restrictions from Trump and his administration, further preventing people abroad from seeking better opportunities or reconnecting with their loved ones in the U.S. The travel ban list, first released in June, restricting entry into the U.S. of foreign nationals of 19 countries, was updated in December to include 20 additional countries.
Trump’s reasoning for these bans is to protect national security through increased screening and vetting procedures.
Advocates emphasize that continually suggesting immigrants threaten the nation’s safety can: lead to xenophobic ideals that endanger those from other countries; cause high tensions; and move away from the U.S. idea of a melting pot, proudly filled with different cultures and ethnicities.
“Policymakers should expand access to immigration and address root causes of poverty and displacement with dignity, not exclusion,” AAJC wrote in a statement. “We call on the administration to immediately reverse this decision and work with Congress to improve, and not curtail, our immigration system.”