HomeMy WebLinkAboutCDN 2018-11-14 Item 2A - Discussion - Letter Opposing Proposed Federal "Public Charge" RuleTO:
FROM:
CC:
DATE:
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
Community Development and Neighborhoods Committee
Mia Navarro, Community Engagement Manager
Mayor Ekberg
11/07/2018
SUBJECT: Public Comment on Proposed Federal Rule: "Inadmissibility on Public
Charge Grounds"
ISSUE
The Trump Administration is proposing a new immigration rule titled "Inadmissibility on Public
Charge Grounds." This rule seeks to strengthen existing language ensuring that immigrants to
the United States will be self-sufficient, and will not be dependent on public benefits such as
health care, nutrition, or housing programs. The purpose of this agenda item is to discuss
whether or not to submit formal comments. Staff will provide draft comments.
BACKGROUND
Executive Summary of proposed rule "Inadmissibility on Public Charge Grounds"
https://www.federalregister.gov/documents/2018/10/10/2018-21106/inadmissibility-on-public-
charge-grounds
DHS [Department of Homeland Security] seeks to better ensure that aliens subject to the
public charge inadmissibility ground are self-sufficient, i.e., do not depend on public
resources to meet their needs, but rather rely on their own capabilities, as well as the
resources of family members, sponsors, and private organizations.(2] DHS proposes to
define the term "public charge" in regulation and to identify the types, amount, and
duration of receipt of public benefits that would be considered in public charge
inadmissibility determinations. DHS proposes to amend its regulations to interpret the
minimum statutory factors for determining whether an alien is inadmissible because he or
she is likely to become a public charge. This proposed rule would provide a standard for
determining whether an alien who seeks admission into the United States as a
nonimmigrant or as an immigrant, or seeks adjustment of status, is likely at any time to
become a public charge under section 212(a)(4) of the Act, 8 U.S.C. 1182(a)(4). DHS also
provides a more comprehensive framework under which USC/S will consider public
charge inadmissibility. DHS proposes that certain paper -based applications to USCIS
would require additional evidence related to public charge considerations. Due to
operational limitations, this additional evidence would not generally be required at ports of
entry.
DHS also proposes amending the nonimmigrant extension of stay and change of status
regulations by exercising its authority to set additional conditions on granting such
benefits. Finally, DHS proposes to revise its regulations governing the discretion of the
Secretary of Homeland Security (Secretary) to accept a public charge bond under section
213 of the Act, 8 U.S.C. 1183, for those seeking adjustment of status.
If enacted, this rule would negatively impact immigrant families here in Tukwila and the region.
While refugees and other special cases would be exempt from this rule, immigrants applying for
entry to the United States, and non-immigrant visitors seeking to extend their stay or change
their status to immigrant, would be evaluated as to whether or not they would have to rely on
INFORMATIONAL MEMO
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public benefits in order to be successful in this country. If yes, they would be denied admission
or denied extension.
DISCUSSION
With an estimated 41 % of Tukwila residents being foreign born, this rule would have a
significant impact on our neighbors and our community.
This rule would impact families that have been separated in the process of immigrating to the
United States and are trying to reunite. It would also impact immigrant families that are here
already by discouraging them from applying for needed benefits, stating:
...the proposed rule would also result in a reduction in transfer payments from the federal
government to individuals who may choose to disenroll from or forego enrollment in a
public benefits program. Individuals may make such a choice due to concern about the
consequences to that person receiving public benefits and being found to be likely to
become a public charge for purposes outlined under section 212(a)(4) of the Act, even if
such individuals are otherwise eligible to receive benefits. For the proposed rule, DHS
estimates that the total reduction in transfer payments from the federal and state
governments would be approximately $2.27 billion annually due to disenrollment or
foregone enrollment in public benefits programs by aliens who may be receiving public
benefits. DHS estimates that the 10-year discounted transfer payments of this proposed
rule would be approximately $19.3 billion at a 3 percent discount rate and about $15.9
billion at a 7 percent discount rate. (Section II.B. Costs and Benefits)
FINANCIAL IMPACT
None.
RECOMMENDATION
The Council is being asked to review the DRAFT comments prepared by staff in opposition to
this proposed rule, and provide consensus to staff to submit formal comments on this proposed
rule on behalf of the City. The public comment period ends December 10th
ATTACHMENTS
DRAFT Comments on proposed "Public Charge" rule.
2 Z:\Council Agenda Items\Communications\Public charge itemlInfoMemo - Public Charge - 11-07-2018.doc
DRAFT Comments on proposed "Public Charge" rule
The City of Tukwila opposes the Department of Homeland Security's proposed rule, "Inadmissibility on
Public Charge Grounds."
If enacted, this rule would negatively impact immigrant families here in Tukwila and the region. With an
estimated 41% (7,790) of Tukwila residents being foreign born, this rule would have a significant impact
on our neighbors and our community.
This rule would impact families that have been separated in the process of immigrating to the United
States and are trying to reunite. It would also impact immigrant families that are here already by
discouraging them from applying for needed benefits. This proposal would prevent immigrants from
using the programs their tax dollars help support, preventing access to healthy, nutritious food and
secure housing.
The City of Tukwila asks that the Trump Administration withdraw this proposal.
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