55C - RESO - PUBLIC CHARGE RULE - Laserfiche WebLink

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REQUEST 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