Arthur said adjudicating each application can be costly. “ It’s not unreasonable to expect them to pay at least $100 for their asylum application if only to cover a portion — and a very small portion of that — of the processing and adjudication fees,” he added, speaking about migrants seeking asylum to stay in the U.S.
But Heidi Altman, vice president of policy at the National Immigration Law Center, argued that the new or increased fees will put an “unaffordable price tag on due process” for many immigrants. According to Altman, among the biggest increases is the fee to appeal an immigration judge’s decision: from the current $110 to $900.
“Many of these fees are going to become barriers or obstacles to people making their way through the very basic requirements of the immigration court system,” she said.
Safety net programs
The initial House bill already stripped health coverage under Affordable Care Act marketplaces and Medicare for a range of lawfully present immigrants including refugees, asylees, and those with other humanitarian protections. It also restricted eligibility for the Supplemental Nutrition Assistance Program.
The final version maintains those cuts while extending similar limitations to federal funding for Medicaid and the Children’s Health Insurance Program, according to Shelby Gonzales, the vice president for immigration policy at the left-leaning think tank Center on Budget and Policy Priorities.
“The truth is that already a lot of people are barred from insurance just based off of not having the right kind of immigration status,” Gonzales said. “The changes that are made in this law go even further.”
Those remaining eligible for these public benefits are green card holders who have completed the five-year waiting period, certain Cubans and Haitians, and individuals residing in the U.S. under the Compacts of Free Association, which includes people from Micronesia, Palau and the Marshall Islands.
Arthur from the Center for Immigration Studies argued that the U.S. already faces a challenge supporting a large number of low-income citizens — even without the additional strain on the country’s social safety nets.
“It is reasonable to expect those who come to this country to be able to provide for themselves,” he said. Arthur added that states who want to provide benefits should be able to fund them.
Gonzales said her most immediate concern is the limits to SNAP benefits, adding that she is worried whether food banks can meet potential increased demand in the future. “I don’t think that they have the capacity to help people in huge numbers that might be losing access to food immediately,” she said.
The bill’s changes to the Child Tax Credit will also have an impact on immigrant families. Currently, only the child needs to have a Social Security number to qualify for the benefit. While the House initially proposed requiring both parents to have a Social Security number, the final version requires just one parent to do so.
“The child tax credit will be effectively cut off for kids with two undocumented parents,” said Tara Watson, director of the Center for Economic Security and Opportunity at the Brookings Institution. “That’s a significant amount of money that assists with the wellbeing of citizen children and it will be gone.”
Immigration courts
Over $3 billion is allocated to the Justice Department for immigration-related activities. That includes the hiring of more immigration judges to address the growing case backlog, which was at nearly 4 million cases as of April, the latest data available.
Bush-Joseph from the Migration Policy Institute said the immigration court system is vastly underfunded compared to ICE and CBP, therefore the additional funding is promising. But she noted that the bill caps the number of judges to 800, which may fall short of what’s needed.
Bush-Joseph pointed to a 2023 analysis by the Congressional Research Service, which estimated that over 1,300 judges would be necessary to eliminate the backlog over the next several years.
“To my mind, immigration courts will likely continue to struggle to keep up because the backlog is so huge,” she added.