Yesterday I posted about how billions of dollars were being wrongfully spent supporting illegal immigrants. In addition to billions being fraudulently obtained thru various programs. The majority of both of these is happening in "Blue" states, controlled by Democrats. And, as stated its effect on us is that we are paying for it as well with our tax dollars. And, if ya wanna see more waste, then swallow the BS and elect Democrats to office here in Kansas.
Below is a simplified breakdown of the various laws governing how migrants are NOT supposed to be dependent on the State for finances. The INA refers to the Immigration and Nationality Act which then becomes part of Title 8 of the USC (United States Code).
The requirement that immigrants must be self-sufficient and
not become "wards of the state" is governed by federal law under the
legal concept of the "public charge" ground of inadmissibility and
deportability.
The primary sections of federal law dictating these
requirements are found in Title 8 of the United States Code (U.S.C.),
which corresponds directly to sections of the Immigration and Nationality
Act (INA):
1. Inadmissibility: INA § 212(a)(4) / 8 U.S.C. §
1182(a)(4)
This is the primary federal statute regulating public
charge. It states that any foreign national applying for a visa, admission to
the United States, or an adjustment of status (such as applying for a Green
Card) is inadmissible if they are likely at any time to become a public
charge.
- Statutory
Factors: By law, immigration officials evaluating an applicant must
look at the "totality of the circumstances," specifically
reviewing their age, health, family status, assets/financial resources,
and education/skills.
2. Financial Sponsorship: INA § 213A / 8 U.S.C. § 1183a
To prevent an immigrant from becoming a ward of the state,
this section mandates that family-sponsored immigrants (and certain
employment-sponsored immigrants) submit a legally binding Form I-864,
Affidavit of Support.
- Under
this law, a sponsor must prove an income of at least 125% of the
Federal Poverty Guidelines and agree to financially support the
immigrant.
- If the
immigrant later accepts certain "means-tested public benefits,"
this section gives the government the right to sue the sponsor for
reimbursement.
3. Deportability: INA § 237(a)(5) / 8 U.S.C. § 1227(a)(5)
This section handles foreign nationals who are already
inside the United States. It dictates that an immigrant can be deported if
they become a public charge within five years of their entry into the
country, unless they can prove the cause of their financial dependency arose after
they arrived.
4. Welfare Restrictions: 8 U.S.C. §§ 1611 & 1621
Enacted under the Personal Responsibility and Work
Opportunity Reconciliation Act (PRWORA) of 1996, these sections explicitly
restrict noncitizens' access to taxpayer-funded welfare.
- 8
U.S.C. § 1611 bars undocumented immigrants and many temporary visa
holders from receiving federal public benefits.
- 8
U.S.C. § 1613 enforces a 5-year waiting period (the
"five-year ban") before even Lawful Permanent Residents (Green
Card holders) can access major federal means-tested public benefits like
SNAP, Medicaid, or TANF.