DHS will not exempt Medicaid from the benefits listed that count towards the breach of a public charge bond. personalized name los angeles chargers baseball shirt A public charge bond is issued on the condition that the alien
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the commenter suggested, forfeiture should be limited to the amount of benefits received plus a surcharge for the administrative costs of collection. personalized name los angeles chargers baseball shirt As explained in the NPRM, under the breach of bond provisions at 8 CFR 103.6, an immigration bond is considered breached if there has been a substantial violation of the stipulated condition. The term “substantial violation” is generally interpreted according to contractual principles. However, in the NPRM, DHS proposed to incorporate the substantial violation standard via incorporating principles that govern the public charge and public benefits definitions. As explained in the statute, the public charge bond is intended to hold the United States, and all states, territories, counties, towns and municipalities and districts harmless against aliens becoming a public charge.
Whether the public charge bond is unnecessary or punitive is a question for Congress, not DHS. the Government are difficult, if not impossible to calculate. Additionally, these damages go beyond the simple amount of the benefits received , but also the overhead of the benefit agency in administering the benefit. DHS disagrees that monetary bonds are ineffective. The purpose of a bond is to provide some reimbursement for harms incurred should the alien violate the terms of the bond. As stated above, the $8,100 minimum amount of the public charge bond is consistent with the historical public charge bond minimum, that has been found reasonable and enforceable, adjusted for inflation. As explained above, DHS will collect the full amount of the public charge bond, as liquidated damages, because DHS considers it difficult, if not impossible, to calculate the alien’s public benefit receipt as well as the government’s costs.