“Protecting Taxpayer Resources by Ensuring Our Immigration Law Promote Accountability and Responsibility” Draft Executive Order Summary

President Donald Trump has issued several Executive Orders and Memos this week regarding immigration – below is our summary of the draft order regarding “Protecting Taxpayer Resources by Ensuring Our Immigration Law Promote Accountability and Responsibility”

Recognizes that our immigration laws are designed to protect the American taxpayers and promote immigrant self-sufficiency.

• Under INA 212(a)(4) an alien is supposed to be inadmissible if he is likely to become a public charge. Despite this clear statute, it was previously never enforced.
• The Trump administration’s policy is to deny admission to an alien who is likely to become a public charge; identify and remove those who became public charges; and seek reimbursement for costs of federal mean-tested public benefits from immigrant’s sponsors.

Directs the DHS Secretary to:

• Propose a rule to provide standards to determine which aliens are inadmissible or deportable on public-charge grounds.
• Propose a rule to provide standards for determining whether an alien within five years of entry is deportable for becoming a public charge.
• Propose a rule that defines “mean-tested public benefits” for federal benefits programs, require reimbursement from the alien’s sponsor, and include all federal programs where eligibility is determined based on financial need.
• Submit a report on steps to take to combat “birth tourism.”

Directs the Secretary of Treasury to propose a rule that requires taxpayers to submit their social security number and that of their qualifying children to claim the Child Tax Credit.

• Currently, illegal aliens are exploiting this tax credit because the IRS accepts ITIN, which the federal government regularly hands out to illegal aliens.

Directs the Secretary of State to:

• Provide a report on the long-term costs of the Refugee Admission Program at the federal, state and local levels.
• Amend the Foreign Affairs Manual so it is consistent with the public charge policy.

Directs the Director of the Office of Management and Budget:

• Provide a report on the amount of federal tax dollar savings that would be realized if aliens only received public benefits under the restrictions of PRWORA compared to the current, more expansive distribution of benefits.
  • The report also will calculate the amount of money the government would save if alien sponsors reimburse the federal government for the means-tested benefits the alien received.
  • Provide a report on the savings to the federal government if alien sponsors reimburse the federal government for the federal means-tested benefits received by their sponsored aliens.
  • Provide a report on how the savings from enforcing the public charge law can be invested in impoverished American communities, including inner-city communities and disadvantaged youths.
    • After the initial report, OMB is to submit a report every 6 months detailing the federal government’s success in obtaining reimbursements from sponsors of aliens receiving federal means-tested benefits.

Directs the Attorney General to certify immediately and review BIA decisions that impede DHS enforcement of denying or deporting aliens on the basis they are likely to be or have become a  public charge.

Requires all federal departments and agencies to:

• Seek reimbursement from sponsors who signed affidavits of support if the aliens they sponsored received federal means-tested public benefits.
• Notify DHS whenever they provide an alien with a federal means-tested benefit.

Other reports:

• Directs the Secretary of State and DHS Secretary to work with the Commissioner of Social Security to implement a policy to prohibit aliens who are not authorized to work in the U.S. from Social Security eligibility for that period.
• Directs the Census Bureau to publish an annual report comparing welfare use among alien-headed households to U.S. citizen-headed households.
• Directs the Council of Economic Advisers (CEA) to issue a report within 6 months of the conclusion of each fiscal year detailing the number of aliens receiving federal means-tested benefits and the cost to the American taxpayer.
  • Also directs CEA to report on the impact of low-skilled immigrant workers on the long-term solvency of the Social Security Trust Fund.

Full text of DRAFT Executive Order available here