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Home My WebLink About65C - CONSIDER RESO PASS DREAM ACT 2017REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2017 TITLE: CONSIDERATION OF RESOLUTION CALLING UPON THE UNITED STATES CONGRESS TO IMMEDIATELY PASS THE DREAM ACT OF 2017 TO PROTECT INNOCENT YOUTH FROM DEPORTATION i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1�' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Consider adoption of proposed resolution calling upon the United States Congress to immediately pass the Dream Act of 2017 to protect innocent youth from deportation. DISCUSSION Based on discussion from the City Council at the September 5 meeting, attached is a resolution for consideration (Exhibit 1). On September 5, 2017, U.S. Attorney General Jeff Sessions announced that the Deferred Action for Childhood Arrivals (DACA) program would be rescinded. DACA is an immigration policy established by the Obama administration in June 2012 that permits individuals who entered the country illegally as minors to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit. Upon recission, more than 800,000 individuals would lose their DACA status and accompanying protections, including their eligibility to remain in the U.S. and their eligibility to work. Currently, the United States Congress is considering H.R. 3440 and S. 1615, two bills that are collectively known as the Dream Act of 2017. In their current form, these bills would accomplish the following: • Directs the Department of Homeland Security (DHS) to cancel removal and grant lawful permanent resident status on a conditional basis to an alien who is inadmissible or deportable or is in temporary protected status who: (1) has been continuously physically present in the United States for four years preceding this bill's enactment; (2) was younger than 18 years of age on the initial date of U.S. entry; (3) is not inadmissible on criminal, security, terrorism, or other grounds; (4) has not participated in persecution; 65C-1 Consideration of Resolution Calling upon the United States Congress to Immediately Pass the Dream Act Of 2017 September 19, 2017 Page 2 (5) has not been convicted of specified federal or state offenses; and (6) has fulfilled specified educational requirements. • Directs DHS to cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who was granted Deferred Action for Childhood Arrivals (DACA) status unless the alien has engaged in conduct that would make the alien ineligible for DACA • Directs that DHS may not: (1) grant conditional permanent resident status without the submission of biometric and background data, and completion of background and medical checks; and (2) disclose or use information provided in applications filed under this bill or in DACA requests for immigration enforcement purposes. • Prescribes the conditions under which DHS: (1) may terminate a person's conditional permanent resident status, and (2) shall adjust a person's conditional status to permanent resident status. • Sets forth documentation requirements for establishing DACA eligibility • Repeals the denial of an unlawful alien's eligibility for higher education benefits based on state residence. FISCAL IMPACT There is no fiscal impact associated with this item. 65C-2 SRC 9.19.17 RESOLUTION NO.2017-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING UPON THE CONGRESS TO IMMEDIATELY PASS THE DREAM ACT OF 2017 TO PROTECT INNOCENT YOUTH FROM DEPORTATION WHEREAS, on September 5, 2017, United States Attorney General Jeff Sessions announced that President Trump's Administration would rescind the Deferred Action for Childhood Arrivals (DACA) program by March 5, 2018. An action which the City of Santa Ana strongly opposes; and WHEREAS, this drastic shift in policy is contrary to the values of this nation and our city, which were founded and built by immigrants whom contribute to its success today. The rescission of DACA penalizes nearly 800,000 young people currently protected by DACA while simultaneously shutting out tens of thousands more DACA- eligible youth. Many of these protected individuals serve in our military, serve as first responders, attend our universities, contribute to our workforce, and pay taxes; and WHEREAS, numerous studies have documented the economic and social contributions of DACA recipients and have shown they play a key role in our nation's growth. Independent analyses suggest DACA recipients will contribute $460.3 billion to the U.S. gross domestic product over the next decade. Denying these members of our community access to higher education and employment will not only deprive them of access to the American dream, but will also leave our country less competitive; and WHEREAS, with nearly 223,000 DACA recipients, California has the largest population of DACA recipients in the country. The estimated economic loss to the State of California from the rescission would amount to a loss of $65.8 billion dollars over a ten-year window; and WHEREAS, the City of Santa Ana is home to thousands of immigrants who are an integral part of our community, workforce and civic leadership. The President's actions have instilled fear and anxiety in our homes, in our schools, at our workplaces, our churches and community activities by making the threat of family separation an increasing daily concern; and WHEREAS, to reverse this rescission, Congress must take legislative action to fully protect DACA youth from deportation, allow them to earn permanent residence and provide a pathway to citizenship. Resolution No. 2017-xxx Page 1 of 3 65C-3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In the wake of this announcement, we urge Congress to pass S. 1615/H.R. 3440, the DREAM Act of 2017—without controversial provisions or amendments—to provide a clear path for these individuals by allowing them to earn lawful permanent residence, and eventually citizenship if they: • Are longtime residents who came to the U.S. as children; • Graduate from high school or obtain a GED; • Pursue higher education, work lawfully for at least three years, or serve in the military; • Pass security and law enforcement background checks and pay a reasonable application fee; • Demonstrate proficiency in the English language and a knowledge of United States history; and • Have not committed a felony or other serious crimes and do not pose a threat to our country. B. The City of Santa Ana is united in calling on Congress to act immediately to reverse this rescission by the President and the Attorney General and secure Federal statutory protections for DACA youth from deportation. 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. ADOPTED this 19th day of September, 2017. APPROVED AS TO FORM: By: Aft"', 0 Sonia R. Carvalho City Attorney 65C-4 Miguel A. Pulido Mayor Resolution No. 2017-xxx Page 2 of 3 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017-xxx to be the original resolution adopted by the City Council of the City of Santa Ana on September 19, 2017. Date: Clerk of the Council City of Santa Ana 65C-5 Resolution No. 2017-xxx Page 3 of 3 65C-6