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READ FULL STORYOn July 4, H.R. 1 was signed into law. The legislation is expected to displace 11.8 million people from health care coverage. Cuts to the Supplemental Nutrition Assistance Program (SNAP)—federal funding for food benefits—will impact more than 2 million children.
The legislation also singles out refugees and forcibly displaced populations by cutting access to benefits that serve as a lifeline to new Americans. Before H.R. 1, lawfully-present noncitizens—including refugees, asylees, Afghan evacuees, and survivors of human trafficking—were eligible to receive healthcare and nutrition assistance. The legislation cuts back eligibility, impacting thousands of individuals, families, and children who are under humanitarian protection. Here is a list of the provisions cutting federal assistance eligibility for new Americans.
Topic | Section(s) | Impact |
SNAP
Medicaid and the Children’s Health Insurance Program (CHIP) |
SEC. 10108
SEC. 71109 SEC. 1899C |
Only citizens, legal permanent residents (LPRs), “Cuban and Haitian entrants,”‡ and residents of Compact of Free Association nations are now eligible to receive these benefits.
People who are newly ineligible include refugees, asylees, Afghan evacuees (non-LPR), Temporary Protected Status (TPS) holders, people granted humanitarian parole for at least one year, survivors of human trafficking, and survivors of domestic violence. |
Premium Tax Credit under the Affordable Care Act (ACA) | SEC. 71301 | For noncitizens, only LPRs, “Cuban and Haitian entrants,”‡ and residents of Compact of Free Association nations are eligible to benefit from premium tax credits to pay for private health insurance.
People who are newly ineligible include refugees, asylees, humanitarian parolees, Afghan evacuees (non-LPR), survivors of human trafficking, survivors of domestic violence, TPS holders, and other noncitizens with valid visas. |
ACA Coverage for Low-Income Noncitizens | SEC. 71302 | Noncitizens lawfully present in the United States who have a household income of 100 percent or less than the federal poverty level and ineligible for Medicaid will be ineligible for premium assistance credit. |
American Opportunity and Lifetime Learning Tax Credits | SEC. 70606 | A social security number will be required to benefit from American Opportunity and Lifetime Learning Tax Credits. Individual Taxpayer Identification Numbers (ITINs) will no longer be sufficient. |
Child Tax Credit | SEC. 70104 | Social security numbers for the taxpayer and each qualifying child must be provided in order to benefit from the Child Tax Credit. |
The legislation also imposes a one percent (1%) excise tax on remittance transfers (SEC. 70604). Remittance transfers include international money transfers. The tax will apply to transfers made with cash, money order, cashier’s check, or any other similar physical instrument. The tax will not apply when money is withdrawn from a bank account or funded by a U.S. debit or credit card.
Finally, the legislation imposes minimum fees for certain immigration applications. Here is a non-exhaustive list of fees that may impact forcibly displaced populations. All fees listed below are minimums and must* be adjusted for inflation every fiscal year. Except for humanitarian parole applications, no fee waivers or reductions are permitted.
Topic | Section(s) | Impact |
Humanitarian Parole | SEC. 100004 | Imposes a minimum fee of $1,000, with exceptions in only a few specific instances: medical emergencies, organ donations/transplants, imminent death or funeral of a family member, appearance at an immigration hearing, or assistance to the U.S. government in a law enforcement matter.
On July 3, the fee for initial parole documents for specific parole processes (e.g., Uniting for Ukraine) was $630. |
Form I-94 Arrival/Departure Record | SEC. 100008 | Imposes a minimum fee of $24.
On July 3, the fee was $6 for nonimmigrant visitors and $0 for refugees. |
EAD (Employment Authorization Document) Application for Asylum Applicants | SEC. 100003(a)
SEC. 100011 |
Imposes a minimum fee of $550 for initial applicants.
Asylum applicants who apply for a renewal or extension must pay a minimum of $275. |
EAD for Parolees | SEC. 100003(b)
SEC. 100010 |
Parolees, including humanitarian parolees, may receive employment authorization for a period of one year or for the duration of parole, whichever is shorter. Imposes a minimum fee of $550 for initial applications.
EADs can be extended for a period of one year or for the duration of parole, whichever is shorter. Imposes a minimum fee of $275. |
EAD for TPS Holders | SEC. 100003(c)
SEC. 100012 |
TPS holders may receive employment authorization for a period of one year or for the duration of the designation of TPS, whichever is shorter. Imposes a minimum fee of $550 for initial applications.
EADs can be extended for a period of one year or for the duration of the designation of TPS, whichever is shorter. Imposes a minimum fee of $275. |
Asylum Application | SEC. 100002 | Imposes a minimum fee of $100.
On July 3, the fee was $0. |
Annual Asylum Fee | SEC. 100009 | Imposes a new minimum fee of $100 to be charged for each calendar year that an application for asylum remains pending. |
Adjustment of Status (Green Card) Application in Immigration Court | SEC. 100013(a) | Imposes a minimum fee of $1,500 for filing an adjustment of status for lawful permanent residence (Green Card) application in an immigration court.
On July 3, the fee for refugees was $0. Immigration judges also had discretion to waive fees for applications filed in immigration court. |
TPS Application | SEC. 100006 SEC. 100013(c) |
Imposes a minimum fee of $500 for filing a temporary protected status application with USCIS or an immigration court.
On July 3, the fee for new TPS applicants was $50, $30 for biometrics, and $0 for re-registrants. |
Appeals | SEC. 100013(d)–(e) | Imposes a minimum fee of $900 to file an appeal from a decision of an immigration judge or an officer of the Department of Homeland Security (DHS).
On July 3, the fee was $110. |
Motions to Reopen or Reconsider
|
SEC. 100013(g) | Imposes a minimum fee of $900 to file a motion to reopen or reconsider a decision of an immigration judge or the Board of Immigration Appeals (BIA).
On July 3, the fee was $145 to file a motion to reopen or reconsider before an immigration judge and $110 before the BIA. |
Cancellation of Removal in Immigration Court | SEC. 100013(i) | Imposes a minimum fee of $600 to file an application for cancellation of removal for a LPR in immigration court. Imposes a minimum fee of $1,500 for any applicant who is not a LPR at the time of filing.
On July 3, the fee was $130 for both populations. |
‡ “Cuban and Haitian entrants” includes (1) any individual granted parole status as a Cuban/Haitian Entrant (Status Pending), and (2) any Cuban or Haitian national who was paroled into the United States and has not acquired any other immigration status, is in removal proceedings, or has a pending asylum claim who does not have a final deportation order.
* H.R. 1 includes provisions on how to adjust minimum fees for certain immigration applications for inflation. See SEC. 100002(c) for an example on how adjustments are calculated
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