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Home My WebLink About55C - RESO - PUBLIC CHARGE RULEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 1, 2019 TITLE ADOPT A RESOLUTION OPPOSING THE TRUMP ADMINISTRATION'S AND THE DEPARTMENT OF HOMELAND SECURITY'S CHANGE TO THE PUBLIC CHARGE RULE AS APPLIED TO LEGAL PERMANENT RESIDENCY APPLICATIONS {STRATEGIC PLAN NO. 5 ) /S/ Kristine CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1�' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution opposing the Trump Administration's and the Department of Homeland Security's change to the public charge rule as applied to legal permanent residency applications. DISCUSSION On August 14, 2019, the Trump Administration and the U.S. Department of Homeland Security (DHS) published a change to the "public charge" rule, proposing that when considering an immigrant's application for legal permanent residency, DHS may consider an applicant's use, or likely use at any time in the future, of anti -poverty safety net programs that improve access to health care, nutrition, and housing security, as a factor for denying legal status to an immigrant. An individual is considered a public charge if they are primarily dependent on the government for subsistence. Since 1999, this has been defined as receiving federal, state, or local cash assistance for income maintenance or to be institutionalized for long-term care at the expense of the government. This federal policy serves as a possible basis for inadmissibility that could bar an individual's admission to the United States on a visa or adjustment of status to that of a lawful permanent resident. Under the proposed rule change, benefits that could be considered in a public charge determination would include medical assistance, food stamps (SNAP), federally subsidized public housing or housing vouchers, and Medicare Part D subsidies. The Center on Budget and Policy Priorities estimates that, under the proposed public charge test, more than 100 million people - about one-third of the total U.S. population - would fail the public - charge determination if they were required to take it today. The proposed rule change in the process of consideration for visa or legal permanent residency status would severely discriminate against those with disabilities or chronic health conditions, impacting entire families based on the medical needs of a single family member. 55C-1 Adopt Resolution to Oppose the Trump Administration's and the Department of Homeland Security's Change to the Public Charge Rule October 1, 2019 Page 2 Following direction received at the September 17, 2019 City Council meeting, the City Manager is recommending that the City Council adopt a resolution (Exhibit 1) to oppose the Trump Administration's and the Department of Homeland Security's change to the public charge rule as applied to legal permanent residency applications. The City of Santa Ana opposes this change because of the negative impact the proposed rule would have on our immigrant communities' access to vital services and cost -saving initiatives that keep families healthy and on the path towards economic self-sufficiency and success. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability. ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action. FISCAL IMPACT There is no fiscal impact at this time. Exhibit: 1. Resolution 55C-2 RESOLUTION NO. 2019 —XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING THE TRUMP ADMINISTRATION'S AND THE DEPARTMENT OF HOMELAND SECURITY'S CHANGE TO THE PUBLIC CHARGE RULE AS APPLIED TO LEGAL PERMANENT RESIDENCY APPLICATIONS WHEREAS, on August 14, 2019, the Trump Administration and the U.S. Department of Homeland Security (DHS) published a change to the "public charge" rule, which takes effect on October 15, 2019, proposing that when considering an immigrant's application for legal permanent residency, DHS may consider an applicant's use, or likely use at any time in the future, of anti -poverty safety net programs that improve access to health care, nutrition, and housing security, as a factor for denying legal status to an immigrant; and WHEREAS, U.S. Citizenship and Immigration Services ("USCIS") evaluates whether potential immigrants are likely to be a "public charge" when considering green card applications or those seeking to re-enter the country on certain Visas; and WHERAS, under the current policy, a "public charge" has been interpreted to mean a person who is "primarily dependent on the Government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at Government expense and reliance on or receipt of non -cash benefits such as the Supplemental Nutrition Assistance Program (SNAP), or food stamps; Medicaid; and housing vouchers and other housing subsidies are not currently considered by DHS in determining whether an alien is deemed likely at any time to become a public charge; and WHEREAS, under the proposed rule change, benefits that could be considered in a public charge determination would include medical assistance, food stamps (SNAP), federally subsidized public housing or housing vouchers, and Medicare Part D subsidies; and WHEREAS, the Center on Budget and Policy Priorities estimates, based on one year of program participation, show that 28 percent, or nearly 3 in 10, of U.S.-born citizens receive one of the main benefits included in the proposed definition and those persons would fail the public -charge determination if they were required to take it today; and WHEREAS, the proposed rule change in the process of consideration for visa or legal permanent residency status would severely discriminate against those with disabilities or chronic health conditions, impacting entire families based on the medical needs of a single family member; and 910339v2 Resolution No. 2019-XXX 55C-3 Page 1 of 3 WHEREAS, the DHS recognizes the significant negative economic impact threatened by its proposed rule, explicitly stating that it "may have downstream and upstream impacts on state and local economies, large and small businesses, and individuals," and describing the risk to a wide range of economic activity from healthcare providers and pharmacies, manufacturers, landlords, grocery retailers, and agricultural producers; and WHEREAS, the City of Santa Ana was established by immigrants 150 years ago, and our history is one of welcoming those seeking the opportunity for a better life and we continue to draw strength from that diversity; and WHEREAS, the City of Santa Ana has a population of over 360,000 people, where nearly forty percent of all Santa Ana residents are immigrants or children of immigrants; and WHEREAS, fostering a welcoming environment and treating all individuals with compassion and respect, regardless of race, ethnicity, place of origin, or citizenship status enhances Santa Ana's cultural fabric, economic growth, global competitiveness and overall prosperity for current and future generations; and WHEREAS, the City of Santa Ana is committed to its residents and will provide important information and resources to our immigrant communities; and WHEREAS, Santa Ana must stand against national policies and rules that target the health and safety of our immigrant neighbors and communities, regardless of status. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana opposes the Trump Administration's and the Department of Homeland Security's proposed change to the public charge rule as applied to legal permanent residency applications because of the negative impact the proposed rule would have on our immigrant communities' access to vital services and cost -saving initiatives that keep families healthy and on the path towards economic self-sufficiency and success. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. #10339v2 Resolution No. 2019-XXX 55C-4 Page 2 of 3 ADOPTED this day of APPROVED AS TO FORM: By. J 'Jf Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2019. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No. 2019- to be the original resolution adopted by the City Council of the City of Santa Ana on . 2019. Date: Clerk of the Council City of Santa Ana #10339v2 Resolution No. 2019-XXX 55C-5 Page 3 of 3