2019-085 - Opposing the Trump Administration's and the Department of Homeland Security

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RESOLUTION NO. 2019-085 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 Resolution No, 2019-085 Page 1 of 3