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COMMENTARY: Prime Minister Pōhiva warned about use of circulars, said they muzzled Opposition MPs

EDITOR’S NOTE: This commentary was edited to reflect the fact that the response from the Deputy Clerk was meant to say that the Parliament using the circular was a normal means of communication.

COMMENTARY: It is time for the practice of using circulars to make decisions in Parliament was reviewed.

Circulars should only be used on agendas that are urgent.

They should not be used on important issues such as pay rises for Parliamentarians.

Such issues should be properly debated in the House so that they can be recorded in the minutes for the public to read and also broadcast for people to listen.

As Kaniva News reported yesterday, the government’s use of a circular to canvas MPs’ views on a pay rise has been called into question.

However, the Legislative Assembly’s Deputy Clerk, Dr Sione Vikilani, said the circular was a normal means of communication approved by the House and any information sent through it was legal.

In Tongan he said: “Ko e tohi ‘avetakai ko e founga ngāue pe ‘oku ‘ataa ke ngaue’aki pea ‘oku ‘ikai ke ta’efakalao ha tu’utu’uni ‘i hono fakahoko ‘i he founga koia”.

Dr Vikilani did not respond to a question asking why a circular was used to ballot the pay hike and not a face-to-face voting in the House.

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In 2018 Tonga’s former Prime Minister, the late ‘Akilisi Pōhiva, warned that using circulars in Parliament was open to abuse.

Speaking to Kaniva News, Pōhiva said the use of circulars was normal but did not allow for discussion.

MPs, especially the Opposition, could not debate whatever agenda was being circulated.

He said that traditionally Speakers and the Noble’s representatives, who were mostly the majority  in the House, used it to ballot issues they wanted to be decided in their favour.

The late Prime Minister’s comments were made during an interview in 2018 about the decision to approve an invitation from the Tonga Rugby League for a Parliament delegation to attend a match.

The decision was adopted through a circular, by collective resolution of Parliament.

Prime Minister Pōhiva’s concerns are just as relevant today as they were four years ago.

Debates and voting in the House must be open so that all citizens can see how their MPs voted and debate can be held in public.

This was illustrated in our story yesterday when Dr Vikilani would not say how MPs voted on the circular. 

A Parliament with secrets is not truly democratic.

Pedestrian dies after crash in Auckland’s Pakuranga

By 1news

A pedestrian has died after a crash involving a vehicle in east Auckland last night.

Emergency services were called to reports of a crash involving a vehicle and a pedestrian on Pakuranga Rd shortly after 9pm.

Emergency services were called to the crash on Pakuranga Rd shortly after 9pm. (Source: 1News)

“Sadly, despite best efforts, the pedestrian died at the scene,” a police spokesperson said.

St John said it sent one ambulance, one rapid response vehicle and one manager to the scene.

Emergency services were called to the crash on Pakuranga Rd shortly after 9pm.
Emergency services were called to the crash on Pakuranga Rd shortly after 9pm. (Source: 1News)

The serious crash unit attended and inquiries into the circumstances surrounding the crash were ongoing.

Tonga dialysis centre project collapses as US sponsor unable to fund promised facility, Health Minister says

Tonga’s long-awaited dialysis centre project, which the nation was told would be launched last year, has effectively collapsed after the United States-based organisation behind it failed to secure the funding needed to deliver the promised service, Health Minister Dr Siale ʻAkauʻola has revealed.

Dr Siale ‘Akau’ola, Minister of Health

The disclosure marks a dramatic setback for a project that was initially presented as a major philanthropic initiative backed by a Utah-based family with medical and business connections and an interest in addressing Tonga’s growing burden of diabetes and kidney disease.

In 2019, Utah news outlet KSL reported that Dr Mansoor Emam, a US-based doctor who had visited Tonga and treated patients suffering from diabetes and related illnesses, and his brother-in-law Khosrow B. Semnani, a prominent Salt Lake City industrialist and philanthropist, were behind plans to build the dialysis facility in Tonga.

The 2019 report did not indicate that the project was dependent on raising funds from donors or other outside sources. By 2024, however, fundraising and donor support had become an explicit part of efforts to establish the dialysis service, indicating that securing sufficient funding had become a significant issue for the project.

Dr Emam’s son, Rod Emam, had close ties to Tonga through his friendship with the late Tongan-American Siaosi Brown. Following Brown’s death while attempting to rescue a woman and child from dangerous waters in Utah, Emam proposed naming the dialysis facility the Siaosi Brown Dialysis Center in his friend’s memory. KSL reported that Dr Emam and Semnani agreed to the proposal.

Dialysis Project Background

The dialysis centre was to form part of a larger facility known as the Semnani Health Center and was promoted as bringing desperately needed dialysis treatment to Tonga, where no such service is currently available.

Tonga has a high burden of non-communicable diseases, particularly diabetes and hypertension, which can lead to chronic kidney disease and kidney failure. With no established dialysis service in Tonga, patients requiring dialysis have had to seek treatment overseas, including in Fiji, New Zealand and the United States, often at considerable financial and personal cost.

Semnani is the co-founder of the Semnani Family Foundation, a Utah-based philanthropic organisation that lists Tonga among the countries where it has undertaken humanitarian work. The foundation focuses primarily on health, education and disaster relief and reported net assets of about US$92.5 million in 2019, the year the Tonga dialysis project was publicly reported. By 2024, its net assets had grown to about US$132.1 million, according to publicly available US tax records.

Over the following years, however, fundraising and donor support became an increasingly visible part of the initiative, while the project appeared to make substantial progress: a groundbreaking ceremony was held in Tonga in 2023, construction began, international organisations became involved, and dialysis equipment was acquired.

The project moved even closer to becoming operational when 10 dialysis machines arrived in Tonga around April last year. This was followed by an announcement from then-Health Minister Dr ʻAna ʻAkauʻola at a press conference that the centre was expected to open in November 2025, prompting widespread celebration on social media as Tonga appeared finally set to have its own dialysis service.

However, Dr Siale revealed last week that the machines were second-hand.

Funding Capacity Falls Short

Dr Siale, the newly appointed Minister of Health, has now said that after reviewing the communications surrounding the project, it became clear that the sponsor had struggled to raise the necessary funds and lacked the financial capacity to deliver the service it had promised.

In Tongan he said: “Mahino ia ‘oku ‘ikai ke nau kei lava ke fakahoko ‘enau me’a ne palōmesi’.”

The sponsor has indicated that it needs more time to reconsider the project, but the Minister’s comments have raised serious doubts over whether the original arrangement can still proceed.

The failure of the original funding arrangement now leaves the Government facing a more fundamental question: how Tonga can establish and sustain its own dialysis service, and whether another funding arrangement or international partner will be required.

Operating Costs Pose Challenge

Dr Siale said the problem now was that the Ministry was not prepared to operate such an expensive and sophisticated service. While obtaining some of the necessary equipment was relatively straightforward, he said the greater challenge was the high cost of securing the specialised medical professionals required to provide dialysis treatment safely and sustainably.

He said there was a signed agreement between the Government and the US sponsors, under which the sponsors were responsible for providing the dialysis equipment and the specialist medical personnel required to operate the service for up to 10 yeas, while Tonga’s contribution was limited to providing the land, buildings and staffing.

A website dedicated to the project, siaisibrowndialysiscenter.com, still states that Tonga’s first dialysis clinic will begin providing services in 2026. It says five dialysis machines will be available at a site in Veitongo, near Vaiola Hospital, with treatment provided free of charge.

The website also outlines plans for a larger Health Education Center intended to serve hundreds of Tongans with chronic kidney disease, regardless of their ability to pay.

Tonga international Leka Halasima stars with two tries as Warriors’ season ends amid controversial calls

Auckland, NZ – Tonga international Leka Halasima produced one of the standout performances of the NRL semifinal, scoring both of the Warriors’ tries, but his heroics were not enough as Newcastle Knights escaped Eden Park with a dramatic 12-10 victory.

The defeat ended the Warriors’ 2026 premiership campaign in front of a record 48,511 spectators, but the 20-year-old Tongan-born forward emerged as one of the home side’s best performers — and was himself at the centre of a contentious refereeing decision in the dying moments.

Halasima was born in Tofoa, Tonga, on 21 September 2005, before growing up and completing his schooling in South Auckland. He came through the Māngere East Hawks and Ōtāhuhu Leopards junior systems before progressing through the Warriors development programme.

He made his NRL debut for the Warriors against Canterbury-Bankstown in July 2024 and has since established himself as one of the club’s brightest young talents.

Halasima also chose to represent Tonga internationally, despite being eligible for New Zealand, and was called into the Mate Maʻa Tonga squad for the 2025 Pacific Championships following his breakout Warriors season.

Two tries keep Warriors alive

Against Newcastle on Sunday, Halasima opened the scoring in the 13th minute, powering through three defenders after receiving the ball from Chanel Harris-Tavita.

Newcastle responded through Fletcher Sharpe before halftime and Dominic Young after the break to establish a 12-6 lead.

With the Warriors’ season slipping away, Halasima struck again in the 70th minute with an extraordinary finish in the corner, getting the ball down while his body was flying towards the sideline.

Taine Tuaupiki missed the difficult conversion, leaving Newcastle ahead 12-10 and setting up a frantic final 10 minutes.

Halasima finished with two tries, 19 runs for 167 metres and 10 tackle busts, despite returning from injury concerns. Fox Sports rated him the Warriors’ best performer of the match.

Halasima at centre of final controversy

But it was what happened to the Tongan star in the 79th minute that became one of the major talking points after the match.

As the Warriors chased a high kick in their final attempt to rescue the game, Newcastle forward Tyson Frizell crossed Halasima’s path, knocking him out of position before he could contest the ball.

Referee Ashley Klein allowed play to continue.

Had an escort infringement been ruled, the Warriors could have received a penalty within kicking range, potentially allowing them to level the scores and force extra time.

Warriors coach Andrew Webster strongly questioned the decision after the match, arguing that Frizell had gone across Halasima while appearing to contest the ball.

Webster was also frustrated by two earlier Bunker decisions but stopped short of blaming the officials for the defeat, acknowledging the Warriors had opportunities to win the match themselves. Newcastle coach Justin Holbrook, meanwhile, defended the late decisions and said he had not noticed controversy surrounding the Halasima incident during the game.

The tense finish spilled over after the final whistle, with some spectators throwing objects towards the match officials as they left the field. Eden Park chief executive Nick Sautner condemned the behaviour.

For Tonga, however, Halasima’s performance provided another indication of the young forward’s growing stature ahead of his future international appearances for Mate Maʻa Tonga.

His two tries could not save the Warriors’ season, but on one of the biggest stages of his young career, the Tofoa-born Tongan was responsible for every Warriors try and came within one contentious late decision of potentially helping send the semifinal into extra time.

Three charged over alleged drug importation after Tonga Police seize methamphetamine

Tonga Police have arrested and charged three people following an operation investigating the alleged importation of illicit drugs into the Kingdom.

Police said the accused are a 36-year-old woman from Halaleva and two men, aged 68 and 45, both from Vaini.

All three have been charged with conspiracy to import illicit drugs, according to a Police media release issued on Monday, 21 September.

The 36-year-old woman is also facing two additional charges, although Police did not specify in the statement what those charges were.

During the operation, officers allegedly seized approximately 200 grams of methamphetamine, together with a number of electronic devices.

Police did not disclose where or when the alleged methamphetamine was intercepted, its estimated street value, or the country from which authorities believe it originated.

The arrests are the latest development in Tonga’s continuing efforts to combat the trafficking and distribution of methamphetamine and other illicit drugs.

Police said the investigation remains ongoing, indicating that further inquiries are being carried out.

No further details about the three accused or when they are expected to appear in court were provided in the statement.

Tongan man dies after being pulled from water at NSW beach

New South Wales, Australia – A Tongan man has died after getting into trouble in the water with two other men at a beach on the New South Wales Mid North Coast.

A photo of Kauvaka Tupou shared by family members and friends on social media.

The man has been identified by kāinga and friends on social media as Kauvaka Tupou, as messages of grief and condolences began circulating following news of the tragedy.

NSW Police have not yet publicly named the man, and Kaniva News has not independently confirmed the identification with Australian authorities.

Police said emergency services were called to Saltwater Beach, Saltwater, about 18km southeast of Taree, at about 1.45pm on Sunday, 20 September, following reports that three people were in trouble in the water.

Officers from the Manning/Great Lakes Police District attended alongside surf lifesavers.

The three men, all aged in their 20s, were pulled from the water.

NSW Ambulance paramedics treated all three at the scene, but one of the men could not be revived and died.

The two survivors were taken to Manning Base Hospital for treatment. Police have not publicly disclosed the nature of their injuries or their current conditions.

The circumstances surrounding how the three men got into difficulty remain unclear.

Police have launched an investigation into the incident and said a report will be prepared for the Coroner.

Tributes have begun flowing on social media for Kauvaka, with grieving relatives and friends expressing shock and disbelief at his sudden death.

Messages remembered him with affection and offered prayers and condolences to his kāinga, with several describing his death as a heartbreaking loss and saying he had been taken far too soon.

“Rest in peace, Kauvaka. Still cannot believe you are gone. Our hearts are broken. Sending all our love and prayers to your family during this difficult time. ʻOfa atu,” a commenter wrote.

“Gone far too soon, Kauvaka Tupou. Such heartbreaking news. May God comfort your family and everyone who knew and loved you. Rest peacefully, brother,” another wrote.

One commenter expressed particular sympathy for Kauvaka’s wife and their only child following his sudden death.

“A sad day for the family and everyone who knew Kauvaka. Our deepest condolences to his parents, siblings, relatives and friends. May the Lord give you strength through this unimaginable loss.”

NSW Police statement on the Saltwater Beach death

Ulakai Fakaosilea, who orchestrated 198kg meth import from prison, loses appeal against life sentence

Auckland NZ – Tongan methamphetamine trafficker Ulakai Fakaosilea, who helped import more than half a tonne of the drug through Ninety Mile Beach before later orchestrating another massive shipment while behind bars, has failed to overturn his life sentence.

Part of the meth seized in the Far North with an approximate value of $448m. Photo/Supplied

The Court of Appeal dismissed Fakaosilea’s challenge to his life imprisonment in a judgment delivered on 15 September, ruling that the seriousness of his offending required the maximum available penalty.

Fakaosilea was already serving 22 years and nine months in prison for his role in the notorious importation of 501kg of methamphetamine into New Zealand when he became involved in further drug offending from inside prison.

Despite being incarcerated for one of New Zealand’s largest methamphetamine importations, he went on to play a leading role in another operation, orchestrating the importation of 198.2kg of methamphetamine.

He pleaded guilty to the later offending and in March last year was sentenced in the High Court to life imprisonment with a minimum non-parole period of 10 years.

Fakaosilea is the brother of Selaima Fakaosilea, who was also convicted over the record 501kg methamphetamine importation through Ninety Mile Beach in 2016 and received a lengthy prison sentence, although she was not sentenced to life imprisonment.

Guilty pleas fail to displace life sentence

Fakaosilea appealed, arguing that life imprisonment was manifestly excessive and that the Court should instead have imposed a fixed-term sentence, particularly because of his guilty pleas and personal circumstances.

However, the Court of Appeal found his leading role, the enormous quantity of methamphetamine involved and, critically, the fact that he committed the offences while already serving a lengthy sentence for similar offending placed his case among the most serious for which life imprisonment was available.

The Court considered whether Fakaosilea’s guilty pleas should have resulted in a finite sentence rather than life imprisonment.

It acknowledged that guilty pleas normally attract sentencing credit because they save court resources and remove the risk and expense of a trial.

But the judges found those considerations carried less weight in Fakaosilea’s circumstances when balanced against the need for deterrence, denunciation and protection of the community.

The Court stressed that a guilty plea can, in some cases, be sufficient to move a sentence away from life imprisonment, but said it was not enough in this case.

Offending from prison decisive

The Court said the most significant feature was that Fakaosilea organised serious methamphetamine offending from prison while serving a lengthy sentence for importing more than 501kg of the same drug.

It also rejected the argument that his other personal mitigating circumstances and prospects of rehabilitation made life imprisonment inappropriate.

The judges said aspects of Fakaosilea’s background helped explain his association with gangs and a criminal lifestyle, but did not sufficiently explain offending of such seriousness. The Court also found there was no demonstrated intention to leave gang life or rehabilitate.

In upholding the sentence, the Court said the circumstances required the continuing oversight that accompanies life imprisonment.

Unlike a finite prison term, a life sentence means Fakaosilea remains subject to the sentence for the rest of his life, even if he is eventually released on parole.

The Court concluded that, given the scale and circumstances of his repeated methamphetamine trafficking, that level of oversight was appropriate.

Fakaosilea’s appeal was dismissed.

Fiji’s notorious ‘bluetoothing’ draws attention, but WHO finds bigger HIV danger in needle sharing

SUVA, FIJI: The disturbing practice known as “bluetoothing” has become one of the most widely publicised features of Fiji’s escalating HIV crisis, but a World Health Organization-backed investigation has found a much broader danger — the widespread sharing and reuse of contaminated needles and syringes.

The finding has taken on renewed significance after Fiji formally declared HIV a national emergency this month, as the Pacific nation confronts one of the sharpest increases in new HIV infections globally.

Bluetoothing involves a person injecting a drug and then withdrawing blood into a syringe before transferring the blood to another person, reportedly in an attempt to share the drug’s effects.

The practice has attracted international attention because of the extreme risk of transmitting HIV and other blood-borne infections.

However, a rapid assessment commissioned by WHO and the United Nations Development Programme found little evidence that bluetoothing itself was widespread among the injecting drug users researchers interviewed in Fiji.

Instead, researchers uncovered a more pervasive problem.

Every person who injected drugs interviewed for the assessment reported having, at some point, reused a needle or syringe after it had been used by somebody else because they lacked access to sterile injecting equipment.

The assessment involved interviews with 56 people who inject drugs in Suva and discussions with another 50 people representing health services, government agencies, civil society, law enforcement and faith organisations.

Methamphetamine was the most commonly injected drug.

Researchers found that some people were exposed to potentially contaminated injecting equipment from the first time they injected drugs, putting particularly young and inexperienced users at immediate risk of HIV and hepatitis.

The findings suggest that while bluetoothing represents an exceptionally dangerous practice, ordinary sharing and reuse of injecting equipment may pose a considerably broader public-health threat in Fiji’s HIV epidemic.

That concern is reflected in the latest HIV figures.

UNAIDS said this week that among Fiji’s HIV cases where the mode of transmission was known, more than 42 percent were associated with injecting drug use, while more than half were associated with sexual transmission.

New HIV infections in Fiji are estimated to have increased 12-fold between 2010 and 2025.

An estimated 9,100 people were living with HIV in Fiji last year, but only 39 percent knew their HIV status and just 22 percent were receiving antiretroviral treatment.

The scale of the crisis prompted Fiji to declare HIV a national emergency on September 15.

WHO said the declaration would allow the country to intensify measures already underway, including expanded testing, treatment, preventative medicines and harm-reduction programmes for people who inject drugs.

One of the most significant measures is the proposed introduction of a formal needle and syringe programme, which would give drug users access to sterile injecting equipment rather than forcing them to reuse or share needles.

Fiji’s government is preparing legislative changes required for the programme, according to UNAIDS.

WHO Representative to the South Pacific Dr Mark Jacobs said evidence from around the world showed that needle and syringe programmes could prevent HIV and hepatitis infections and save lives.

The WHO-backed assessment therefore shifts some of the focus away from the sensational nature of bluetoothing towards what researchers found to be a more widespread problem: people sharing contaminated injecting equipment because clean needles and syringes are not readily available.

There is currently no credible evidence that bluetoothing has been detected in Tonga.

However, Fiji’s experience highlights the potential HIV risk wherever injecting drug use and needle sharing occur, particularly as Pacific governments confront the wider regional spread of methamphetamine and other illicit drugs.

New guide aims to help Tongan families build homes that can better withstand cyclones

Tongan families are being offered practical guidance on how to build safer and stronger homes capable of better withstanding cyclones and other natural hazards.

New guide launched in Tonga to help families build safer, cyclone-resilient home

A new booklet, Building a Resilient Home in Tonga: A simple guide to building safer, stronger houses for our families and future, has been developed to help homeowners make better decisions when building or improving their houses.

The guide was developed by Habitat for Humanity New Zealand in coordination with the Government of Tonga and a working group bringing together local and international expertise.

It comes as Tonga continues to face significant risks from tropical cyclones, earthquakes, heavy rain, flooding and rising sea levels.

A key aim is to encourage families to strengthen their homes before disasters strike, rather than addressing structural weaknesses only after houses have been damaged.

Written in plain language and supported by diagrams and checklists, the booklet provides practical information for people who may have limited technical knowledge of construction.

It includes advice on selecting a competent building contractor, estimating likely construction costs and navigating Tonga’s building permit process.

One of its major areas of focus is cyclone-resistant construction, including visual, step-by-step guidance on roof-to-post vertical and wrapped strapping connections designed to strengthen houses against extreme winds.

The booklet also addresses building design suitable for Tonga’s hot and humid climate, including cross-ventilation, louvre windows and wide roof overhangs.

Families are also given information on health and utility requirements involving the Ministry of Health, Energy Commission and Tonga Power Limited.

Homeowner checklists cover preparations for the cyclone season, including inspections of roof structures, subfloors and external carports, as well as safety assessments following a cyclone.

The resource is intended not only for individual homeowners but also for communities and people working across Tonga’s housing sector.

A media soft launch was scheduled for Friday, September 18, at the Live and Learn Office in Havelu, where community leaders, media representatives and housing-sector stakeholders were invited to preview the booklet and hear how it would be distributed to communities.

The initiative places greater emphasis on building resilience into homes from the beginning, potentially reducing the risks to Tongan families and their properties when future cyclones and other natural disasters strike.

Dr Vinolia Salesi appointed new CEO of Tonga’s Ministry of Infrastructure

Dr Vinolia Kilinaivoni Fifita Salesi has been appointed Chief Executive Officer of Tonga’s Ministry of Infrastructure, becoming one of only five women currently serving as CEOs across the Government’s 18 ministries and agencies.

Dr Vinolia Salesi

The Public Service Commission (PSC) announced the appointment on Friday, saying Dr Salesi, of Maʻufanga, Tongatapu, began a four-year term on September 18.

Her appointment follows more than 16 years in the public service within the Ministry of Infrastructure, where she has held senior management and executive leadership positions.

The PSC said Dr Salesi has extensive experience in inland transportation, infrastructure and civil aviation, as well as strategic and policy leadership and regulatory and operational oversight of the transport sector.

She has also worked on Pacific regional priorities and international partnerships and has experience developing teams and strengthening institutional capability.

Dr Salesi holds a Doctor of Philosophy from Massey University, a Master of Aviation Management from Griffith University in Australia and a Bachelor of Aviation Management from Massey University in New Zealand.

The PSC said her professional experience and academic qualifications equipped her to lead the Ministry in carrying out its responsibilities and supporting the continued development of Tonga’s infrastructure sector.

Her appointment followed an open and competitive recruitment process conducted by the PSC and endorsed by the Commission and Minister for Infrastructure Hon. Tevita Puloka.

The Commission said Dr Salesi was the third CEO appointed since the current PSC began its term in June 2025.

Her appointment also means women now hold five of the 18 CEO positions across the Tongan Government.

The PSC welcomed Dr Salesi to the position and acknowledged the service of the late former Infrastructure CEO Lopeti Heimuli.

Dr Salesi signed her contract on September 18 in the presence of PSC CEO Koenig Tuʻuhetoka, Commission chairperson Tāʻifatu ʻAtaʻata, Infrastructure Minister Puloka and her husband, Mr Leiʻataua Salesi.

New US public benefits rule could make green cards harder for some Tongans

Tongans seeking permanent residence in the United States could face tougher scrutiny over their use of government benefits under a new immigration rule that took effect on September 18.

The latest change comes four months after another Trump administration immigration announcement initially raised concerns that many foreigners already in the United States could be required to return to their home countries to complete their Green Card applications.

The Department of Homeland Security later clarified that most applicants who legitimately qualify for adjustment of status would still be able to seek permanent residence from within the US, with applications continuing to be assessed individually.

The May announcement nevertheless highlighted the Trump administration’s increased emphasis on the discretionary nature of adjustment of status, the process that allows eligible immigrants already in the United States to apply for permanent residence without leaving the country.

This week’s change concerns a separate immigration requirement known as the “public charge” test, used to determine whether certain immigrants seeking admission to the United States or permanent residence are likely to become primarily dependent on government assistance.

The Trump administration has rescinded the narrower 2022 public-charge regulation introduced under former President Joe Biden, restoring broader discretion to immigration officers when assessing applicants.

Under the new rule, immigration officers may consider whether an applicant receives means-tested government benefits, including Medicaid, when deciding whether the person is likely to become dependent on public assistance.

However, receiving such benefits does not automatically disqualify someone from obtaining a Green Card. Officers must look at the applicant’s overall circumstances, including their age, health, family situation, income and other financial resources, employment, education and skills.

This means the use of public benefits is only one factor in the decision. Immigration authorities will weigh it together with the other factors before determining whether an applicant is likely to become what US immigration law describes as a “public charge”.

The new rule applies to relevant benefits received or applied for on or after September 18. Benefits received before the rule took effect are not considered under the expanded approach.

States challenge new rule

The new immigration rule is already facing major legal challenges from state and local governments.

A coalition of 22 states and the District of Columbia has sued the Trump administration seeking to block the public-charge rule, while New York City is leading a separate challenge involving cities and counties including Chicago, San Francisco, Seattle, Santa Clara County and King County.

The challengers argue that the policy gives immigration officers excessively broad discretion and could discourage immigrant families from using healthcare, food, housing and other public assistance for which they are legally eligible.

The Trump administration says the change restores immigration officers’ ability to consider all relevant circumstances and promotes self-reliance among immigrants.

The public-charge requirement does not apply equally to every immigrant. Humanitarian categories including asylum seekers are among those not affected, while the consequences for other applicants depend on their immigration pathway and individual circumstances.

For Tongan families in the United States, the latest rule therefore introduces another consideration for those seeking permanent residence, particularly applicants who receive or apply for means-tested government assistance.