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RESOLUTION NO. 2019 —XXX <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA OPPOSING THE TRUMP ADMINISTRATION'S <br />AND THE DEPARTMENT OF HOMELAND SECURITY'S <br />CHANGE TO THE PUBLIC CHARGE RULE AS APPLIED TO <br />LEGAL PERMANENT RESIDENCY APPLICATIONS <br />WHEREAS, on August 14, 2019, the Trump Administration and the U.S. <br />Department of Homeland Security (DHS) published a change to the "public charge" rule, <br />which takes effect on October 15, 2019, proposing that when considering an immigrant's <br />application for legal permanent residency, DHS may consider an applicant's use, or likely <br />use at any time in the future, of anti -poverty safety net programs that improve access to <br />health care, nutrition, and housing security, as a factor for denying legal status to an <br />immigrant; and <br />WHEREAS, U.S. Citizenship and Immigration Services ("USCIS") <br />evaluates whether potential immigrants are likely to be a "public charge" when <br />considering green card applications or those seeking to re-enter the country on certain <br />Visas; and <br />WHERAS, under the current policy, a "public charge" has been interpreted <br />to mean a person who is "primarily dependent on the Government for subsistence, as <br />demonstrated by either the receipt of public cash assistance for income maintenance or <br />institutionalization for long-term care at Government expense and reliance on or receipt <br />of non -cash benefits such as the Supplemental Nutrition Assistance Program (SNAP), or <br />food stamps; Medicaid; and housing vouchers and other housing subsidies are not <br />currently considered by DHS in determining whether an alien is deemed likely at any time <br />to become a public charge; and <br />WHEREAS, under the proposed rule change, benefits that could be <br />considered in a public charge determination would include medical assistance, food <br />stamps (SNAP), federally subsidized public housing or housing vouchers, and Medicare <br />Part D subsidies; and <br />WHEREAS, the Center on Budget and Policy Priorities estimates, based on <br />one year of program participation, show that 28 percent, or nearly 3 in 10, of U.S.-born <br />citizens receive one of the main benefits included in the proposed definition and those <br />persons would fail the public -charge determination if they were required to take it today; <br />and <br />WHEREAS, the proposed rule change in the process of consideration for <br />visa or legal permanent residency status would severely discriminate against those with <br />disabilities or chronic health conditions, impacting entire families based on the medical <br />needs of a single family member; and <br />910339v2 Resolution No. 2019-XXX <br />55C-3 Page 1 of 3 <br />