One of the first things that anyone taking a course in elder law learns is how to guide affluent clients in transferring enough of their assets to family members or trustees so that they wil become eligible for Medicaid to pay for long term nursing home care.But under new rules reportedly being developed by the Trump administration, if the affluent client taking advantage of this entirely legal and commonly used strategy happens to be a legal permanent resident, he or she could be deported on public charge grounds, under the Trump administration's latest attempt to engage in ethnic cleansing of non-white immigrants on America.

According to a May 4 Reuters report, any use of public benefits, even by lawful permanent residents who have been living in the United States legally for many years, could led to deportation on Public Charge grounds. See:

Exclusive: Trump administration proposal would make it easier to deport immigrants who use public benefits

https://www.reuters.com/article/us-usa-immigration-benefits-exclusive/exclusive-trump-administration-proposal-would-make-it-easier-to-deport-immigrants-who-use-public-benefits.

Reuters lists SSI, food stamps and housing benefits, along with cash welfare, as among the public benefits besides Medicaid which could lead to deportation on public charge grounds, no matter how long the recipient as been living in the US as a permanent resident and no matter how stable he or she might otherwise be financially.

However, as the report also mentions, immigrant veterans, asylees and refugees (the latter two categories of whom have been the targets of exceptionally vicious attacks from the Trump administration because they do not come mainly from the white countries of Europe) would be most at risk of being affected by the proposed new rules,

While the report does not say so specifically, it seems clear that the new proposals have the fingerprints all over them of Stephen Miller, Trump's Torquemada or Grand Inquisitor for non-European immigrants - who has been fanatically pushing for new rules that would deny green cards to millions of immigrants on wildly expanded and distorted public charge grounds.

Public Charge has a long and infamous history of being used to exclude or deport unpopular minority immigrants, including Irish, Jewish and Asian ones, as I will show in my next comment on this topic..

Trump now evidently wants to revive this historically discredited and abused strategy of bigotry, cruelty and hatred to use against Latino, Asian, African and Middle Eastern immigrants, including but not limited to the most vulnerable of all Central American women and children fleeing gang violence, in violation of their fundamental human rights and for the purpose of keeping America white.

Using expanded and distorted "public charge" grounds to bar and deport legal immigrants also shows the appalling hypocrisy of the claim by Trump and his supporters that their persecution and exclusion measures against brown immigrants are merely "enforcing the immigration laws."

Trump and his henchmen are not "enforcing the immigration laws". They are distorting and abusing them for a reprehensible goal of racial exclusion which goes against America's laws, Constitution and most fundamental values, while bringing back some of the darkest chapters in our history.


Roger Algase
Attorney at Law