New means test limits immigrants from bringing in family 40 percent of households headed by immigrants won't qualify, study says

October 21, 1997|By LOS ANGELES TIMES

Moving to ensure that new legal immigrants do not end up on welfare, federal authorities unveiled stringent and unprecedented new guidelines yesterday that will make it much more difficult for low-income people to bring in relatives from abroad.

The revisions mark a landmark shift in U.S. immigration policy, experts say, chipping away at the current doctrine of family unification. The changes, announced yesterday, go into effect Dec. 19.

The changes were mandated by Congress' sweeping 1996 overhaul of the nation's welfare and immigration laws. They impose the first-ever financial screening requirement on U.S. residents who petition to bring in spouses, children and other relatives.

Most sponsors will now have to show household income at least 25 percent above the poverty level; under that calculation, the minimum for sponsorship would be $20,062 for a family of four.

In addition, the new Immigration and Naturalization Service regulations for the first time make immigrants' sponsors, usually close relatives, legally liable for supporting those who come here -- an obligation that could last a lifetime.

So-called "deadbeat sponsors" may henceforth face lawsuits from government and private aid agencies -- or even from the relatives they brought to the United States -- if they fail to provide basic levels of support.

Behind the crackdown is the widespread but sometimes disputed perception that disproportionate numbers of immigrants are ending up on the welfare rolls.

"There's a basic problem with having a generous welfare state at the same time you have an unscreened immigrant flow," said George Borjas, a public policy professor at Harvard who has argued that impoverished new arrivals are an ever-increasing drain on taxpayer resources.

He and other supporters have hailed the revisions as a long-overdue antidote to an irresponsible system that abetted the entry of welfare cases, draining government treasuries.

But critics call the new rules an unseemly "affluence test" that will keep poor and working-class families divided.

"Congress has used a backdoor means to restrict legal immigration and weed out low-income people," said Charles Wheeler, an attorney with the Catholic Legal Immigration Network in San Francisco.

Previous law imposed no requirement for a financial sponsor, only an obligation that the immigrants themselves demonstrate that they would not become "public charges."

Prospective immigrants must still convince U.S. authorities of their ability to make a living, showing proof of savings, skills, job guarantees or other means of support.

But most legal immigrants will now also be required to find sponsors willing to sign "affidavits of support," legally binding commitments to provide for them.

Authorities anticipate that at least 565,000 U.S. residents will take on the broad new financial obligations next year in seeking to reunite with relatives. If the new immigrants are caught living on public aid, they could face deportation, INS officials said.

The new requirements are expected to have the greatest impact among Mexican and Central American immigrants -- the largest immigrant groups in Southern California.

According to a study by the Urban Institute, a Washington think tank, more than 40 percent of all immigrant-headed U.S. families no longer qualify to bring in loved ones.

Pub Date: 10/21/97

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