HomeMy WebLinkAbout2019-085 - Opposing the Trump Administration's and the Department of Homeland SecurityRESOLUTION 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
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.
Resolution No. 2019-085
Page 2 of 3
ADOPTED this 1 st day of October, 2019.
""M
Mayor
APPROVED AS TO FORM:
i /
Sonia R. Carvalho
City Attorney
AYES: Councilmembers Iglesias, Penaloza, Pulido, Sarmiento, Solorio
Villegas (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby certify the attached Resolution No.
2019-085 to be the original Resolution adopted by the City Council of the City of Santa
Ana on October 1, 2019.
Date: I -io -i 9
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2019-085
Page 3 of 3