On November 14, Senator Roger Marshall (R-KS) introduced the Congressional Review Act (CRA) against Biden’s Department of Homeland Security (DHS), who is proposing major changes to how illegal aliens are vetted for green cards. DHS’s new proposal would allow new applicants who receive many U.S. government benefits to continue on the path citizenship.
Marshall’s recently introduced resolution would block citizenship for illegal immigrants dependent on taxpayer-funded benefits. The CRA is a tool that Congress may use to overturn or disapprove a final rule issued by federal agencies. The CRA was included as part of the Small Business Regulatory Enforcement Fairness Act (SBREFA) that was signed into law on March 29, 1996 by President Bill Clinton.
A rule disapproved by using this mechanism is not only nullified, the agency is also prevented from reissuing a”substantially similar” rule in the future unless Congress authorized it to do so via subsequent legislation. Congress generally has 60 days to review the rules, but there is a provision that also allows an incoming Congress to review the last 60 days of rules issued during the previous Congress.
The new DHS rule would cut the number benefits immigrants can use that would be held against them when applying for permanent residency in the United States.

In 2019, the Trump administration defined any immigrant who had received one or more designated public benefits for more than 12 months within a 36-month period as a “public charge.”
The Trump administration included food stamps, housing vouchers and Medicaid as benefits that would disqualify an immigrant from receiving a green card. Under DHS’s new rule, only the receipt of cash benefits or long-term institutional care could lead to a “public charge finding.”
Senator Marshall explained his action in a statement saying, “DHS’s proposed public charge rules continue our country down the dangerous path of incentivizing migrants to illegally cross our southern border. Granting citizenship to illegal aliens who would be dependent on federal benefits is a burden that American Taxpayers and our national debt cannot afford.
“The previous administration made it clear to would-be law breakers that they would receive no support or citizenship from the American government. We need to get back to policies like this if our country is going to have any hope at stopping the invasion at our southern border that started when President Biden took office,” Marshall added.
Our staff at the DC Patriot will keep you advised on any new developments in this story, since this has the potential to change in how our national sovereignty is protected.
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