Executive Order on Protecting Taxpayer Resources by Ensuring our Immigration Laws Promote Accountability and Responsibility


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Dear Murthy Attorneys,

A group of people were discussing President Trump's "Executive Order on Protecting Taxpayer Resources by Ensuring our Immigration Laws Promote Accountability and Responsibility".  They have the below questions and hope you could kindly help to answer:

1.    Will the Order become effective immediately if President Trump signs the Order, or it will require approval from the Congress before it becomes law and effective?  How long it can take?

2.    Will the Order affect people who were “public charge” before the Order became effective or it only affects people who will be “public charge” after the Order becomes law?

3.    Will the Order affect green card holders who become “public charge” within 5 years after arrival in the U.S., or can they deport green card holders who become “public charge” after more than 5 years in the U.S?

4.    Under the Order, are NY Medicaid and Food Stamps considered “public charge”?  If someone gets NY Medicaid within the first 5 years, but get Food Stamps and Cash Assistant after 5 years, are they subject to deportation?  Can they be denied entry if they travel overseas for 5+ months and re-enter the U.S.?

5.    For people who have been on Green Card for 5+ years and who have recently been approved Food Stamps (used for 1 month) and Cash Assistant (haven’t use it), if they subsequently cancel these benefits, will the government still have their records?  Can they still be deported or denied re-entry to the U.S. when returning from overseas?  What’s the best way to cancel or stop these benefits?

6.    For Green Card holders, are their retirement pensions from overseas considered their income when applying for public assistance (food stamp, Medicaid, Cash Assistance etc)?  If people were under the impression overseas pensions were not considered income and received public benefits, what’s the worst penalty someone can suffer?

7.    One of the items that is considered public charge is “Institutionalized Long Term Care under Medicaid”.  If someone goes to a Senior Adult Day Care Center during the day and come back home at night, is that considered public charge?

Thanks you very much for your time and kind help!







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