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A Cruel Plan to Drive Out Immigrants

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The Editorial Board
, New York Times
A Cruel Plan to Drive Out Immigrants

The Trump administration has taken another step in its program to use fear and cruelty to drive out immigrants, both those in the country legally and illegally.

On Saturday, the Department of Homeland Security proposed a rule that would enable it to deny green cards and visas to immigrants here legally who have used public health and nutrition assistance, including Medicaid and food stamps.

The United States already denies green cards and visas to applicants likely to become “public charges.” But that designation has generally referred only to a narrow set of people who need cash assistance or long-term institutionalization.

The new rules would also offer some exemptions — participation in the Women, Infants and Children nutrition program and the Children’s Health Insurance Program would be excluded, for example, as would refugees and asylum-seekers and minors with Special Immigrant Juvenile status, meaning they had been abused or neglected.

But it’s not clear that those exemptions would provide sufficient protection. The Kaiser Family Foundation has indicated that fear of being denied residency would most likely cause immigrants to withdraw from both the targeted and the exempted programs. As Politico has reported, even when the current proposal was just a rumor, immigrants began withdrawing from these programs in droves. What’s more, not everyone who should be able to seek asylum or obtain special juvenile status is able to do so.

The Department of Human Services estimates that as many as 382,000 people would be affected by the new rule each year. There is no estimate yet on how many of them would be deemed to be public charges, but that number is likely to be far higher than under the current rules.

Which, of course, is the point. In an announcement Saturday, Homeland Security Secretary Kirstjen Nielsen said that she expected the rule to “promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers.”

That rationale is both callous and foolish: Scaring vulnerable populations off public assistance is likely to cost much more in the long run, in part because neglecting preventive health care and basic medical problems makes patients only more expensive to treat down the road. What’s more, Kaiser estimates that more than 8 million children who are citizens but have at least one noncitizen parent will be caught in the cross hairs.

The Trump administration, however, is betting that a very public effort to crack down on immigrants, whether they’re here legally or not, will motivate its political base in time for the midterm elections. It’s just one more part of a package that has so far included an effort to detain indefinitely minors who have crossed the border and another to cap the number of refugees at its lowest level ever. It’s the border wall, without the wall.

There’s a real debate to be had over the criteria to decide who can stay in this country and who must go. What is the right way to manage family migration? Or evaluate asylum claims? Or weigh U.S. labor needs against the skills of prospective visa holders? But cultivating xenophobia, as President Donald Trump has done from the beginning of his campaign, and then trading on that fear to drum up votes, does not create much of a foundation for rational dialogue.

Giving the College Profiteers a Free Hand

A federal judge sent the right message last week when he blocked Education Secretary Betsy DeVos’ suspension of an Obama-era rule that allows students defrauded by for-profit colleges to have some or all of their federal student loans forgiven.

This was his second ruling in a suit filed by attorneys general from 19 states who argued that DeVos had broken the law by delaying the rule from taking effect, and they demanded that it be immediately reinstated. The judge, Randolph Moss of U.S. District Court in Washington, had earlier found that Devos had broken the law, and last week he invalidated Devos’ attempt to dismantle the rule, but stayed his ruling for 30 days to give the Education Department time to respond. The next step should be to order the department to grant debt relief to the thousands of student borrowers who have applied and are clearly eligible under the original rule.

The rule, known as “borrowers defense,” is rooted in a provision of the Higher Education Act of 1965 intended to lift the debt burdens of students who were misled by their schools. The rule was designed to compel schools to offer a fair education and to refrain from predatory practices — like lying about career opportunities or steering students into ruinously priced loans — that have been well documented over the past decade.

DeVos has essentially made the Education Department a subsidiary of the for-profit college industry. Republicans in Congress who wish to hide from this issue are being peppered with complaints from constituents victimized by the for-profit schools — particularly veterans, who have been targeted by companies that covet their GI benefits.

DeVos has already proposed tightening loan forgiveness rules to make it virtually impossible for those defrauded by predatory schools to get relief. She has also proposed rescinding the “gainful employment” rule, which enforces a long-standing Higher Education Act requirement that career education programs “prepare students for gainful employment in a recognized occupation.”

The Education Department wants to replace this important rule with additional disclosure requirements — covering debt, expected earnings, completion rates and other measures — that would apply to all colleges. This disregards the breathtaking fraud that has been documented specifically at for-profits — and the fact that their students take on greater debt and are more likely to default on loans.

The department has defended the decision to jettison the employment rule by describing it as a burden to institutions of higher learning. But in a letter this month, the American Council on Education, which represents about 1,700 colleges, argued persuasively that rescinding the rule, instead of perhaps modifying it, would damage the interests of students, colleges and the public. Still others have portended another round of lawsuits by arguing that the decision to rescind is itself unlawful because the Education Department has not disclosed the factual basis of its decision.

DeVos and her cronies in the for-profit industry seem to think that they can plow ahead with these and other damaging proposals regardless of opposition. But it will not take long before the wider public focuses on the fact that the Education Department is undermining higher education to line the pockets of an industry where schools can get up to 90 percent of their revenue from federal student aid. That position will be difficult to defend at election time.

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