Speech #1040204082

It seems most inappropriate to exclude most noncash welfare from counting against the newcomer. I oppose it. Our Nations laws since the earliest days have required new immigrants to support themselves. The first time was in 1645. Massachusetts refused to admit prospective immigrants who had no means of support other than public assistance. That was in 1645 in the State of our Democratic leader of this legislation. In 1882. we prohibited the admission of any person unable to take care of himself or herself. We know those things. I keep repeating them. Likely to become a public charge. section 212 of the immigration law always saying that those who become dependent on public assistance may be deported. So not only would the Immigrant not only promise to be selfsufficient before receipt of an immigrant visa. but he or she should remain selfsufficient for any appropriate period after arrival. We set that period. Where all this came about is in a 1948 decision by an administrative judge within the Justice Department. Various administrative judges made it virtually impossible to deport newcomers who became a public charge. Under the current interpretation of the law. the Government has to show. one. the alien received the benefits. two. the agency requested reimbursement from the alien. and. three. the alien failed or refused to repay the agency. The decision has rendered this section of the law virtually unenforced and unenforceable. and. as Senator DOMENICI said. we have deported 13 people in the past. I think. year as being a public charge. This is despite the fact that research shows more than 20 percent of immigrant households are on welfarehouseholds. not individuals. So the committee bill restored the public charge deportation. The bill already includes provisions to respond to concerns of some on the other side of the aisle. We have not destroyed the safety net. A generous safety net is provided for immigrants who must use more than 12 months of public assistance within the first 5 years of entry before becoming deportable as a public charge. This new provision for public charge deportation is entirely prospective. It is not applicable to anyone who has already emigrated to the United States. Only those who come in the future will be affected. And the Simon amendment permits future immigrants to receive any amount of assistance from Federal. State and local governments. as long as the newcomer avoids six major welfare programs. Newcomers would be able to access almost all noncash welfare programs for the entire time they are in the United States. without ever being deportable as a public charge. That is contrary to the stated national policy that no one may immigrate if he or she is likely to use any needsbased public assistance. I know my friend from Illinois so well. after 25 years. nearly. of friendship. And know in each occasion that he speaks it is in the finest of intent and compassion and caring. This is one of those. But a deal is a deal. If you come here as a sponsored immigrant and somebody says we are not going to let this person become a public charge. that is it. You make a person do what I know the Senator from Illinois would like to do: If you have the bucks. you keep your promise. And the promise is they not become a public charge.