With respect to the New York State Board of Charities resolution referenced by the commenter, personalized name jersey tampa bay buccaneers shirt DHS notes that the resolution does not use the term “public charge”
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definition is not appropriate for aliens who are working, paying taxes, and contributing to the welfare of the United States and entitled to public benefits. Simply because an alien is working, personalized name jersey tampa bay buccaneers shirt paying taxes and contributing to the welfare of the United States does not guarantee an alien’s self-sufficiency now or in the future. Statistics on the use of public benefits by non-citizens compared to the use of citizens are not indicative of an individual alien’s self-sufficiency. Even though the use of public benefits by noncitizens may be lower than the native-born population for a given benefit, an alien may still qualify and receive public benefits in the future based on his or her particular circumstances and therefore may be likely to become a public charge.
Similarly, it is immaterial whether the definition of “public charge” in the rule would affect one in twenty U.S. citizens or one in three. The relevant question is whether the rule’s definition of public charge is consistent with the statute. DHS believes that it is consistent with the statute. not inconsistent with DHS’s proposed definition of public charge. As was the case in Howe, the court in Skaguchi rejected the use of the public charge ground of inadmissibility as a “catch-all” form of inadmissibility. The court reiterated that to sustain a public charge inadmissibility finding, there must be evidence of a fact that tends to show that the burden of supporting the alien is likely to be cast upon the public. Therefore, DHS rejects the commenter’s suggestion that these cases mandate a result other than the DHS’s public charge definition and the level of dependency assigned to it in the NPRM.