The law does not permit DHS to add language to the statute. cincinnati bengals national football league full over print shirt See, e.g., Lamie v. U.S. Tr., 540 U.S. 526, 538 (counseling against interpretative methodologies that yield “not . . . a construction of statute,
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to weigh an alien’s net impacts on government resources, such as by evaluating the potential tax receipts generated by the alien, as compared to the alien’s receipt of public benefits. cincinnati bengals national football league full over print shirt In addition, a definition that requires consideration of the alien’s overall contributions to tax revenues, economic productivity, or society at large would be unjustifiably challenging to administer. For instance, as explained in the proposed rule, fully monetized thresholds (which would be required to make a dollars-to-dollars comparison) would not be administrable because some benefits, such as Medicaid, lack clearly monetizable value. In addition, DHS notes that taxes serve a variety of functions, and benefit the taxpayer regardless of whether she or he receives an individual, means-tested public benefit.
A comparison of the alien’s “contributions” to the alien’s “withdrawals” would therefore be incomplete, because it would not consider the other government programs and services, including national defense, infrastructure, law enforcement and emergency services, from which the alien benefits. Further, under this rule, DHS will not consider receipt of any public benefits for which the alien has paid into directly. Each of the designated benefits involves significant government subsidization. In this context, DHS does not believe that value of an alien’s current or future tax contributions should ultimately have a bearing on whether the alien is a public charge. Congress, however, did not include paragraph among the exemptions in section 212 of the INA, 8 U.S.C. 1182. We must presume that Congress acted intentionally in requiring all aliens described in paragraph to file the requisite affidavit of support, even if they are described in paragraph.