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Home My WebLink AboutCOW 2018-11-26 Item 4B - Discussion - Proposed Federal Public Charge RuleCOUNCIL AGENDA SYNOPSIS Initials Meetin,gDate Prepared by AIayorFreview Council review 11/26/18 MN ITEM INFORMATION ITEM No. 4.B. STAFF SPONSOR: MIA NAVARRO ORIGINAL, AGENDA DATR: 11/26/18 AGENDA nEM TITLE Public Comments for Proposed Federal "Public Charge" Rule C,\Tix;ORY Discussion 11/26/18 E Motion Altg Date 11 Resolution 11,N Date E Ordinance illtg Date Bid Award Alts Date E] Public Hearing A1g Date 1] Other AI tg Date Alts Date SPONSOR '0 ci/ Mayor FIR DCD EHnane Fire LTS EP&R Police Ply Ecourt SPONSOR'S The Trump Administration is proposing a new immigration rule titled "Inadmissibility on SUMMARY Public Charge Grounds." This rule seeks to ensure 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 and provide consensus. The public comment period ends December 10. Staff will provide draft comments. REVIEWkD BY Ell C.O.W. Mtg. CDN Comm El Finance Comm. 111 Public Safety Comm. [1] Trans &Infrastructure Arts Comm. El Parks Comm. E Planning Comm. DATE: 11/14/18 Commil'IEE CHAIR: KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTI:1": Administrative Services Department Committee discussion and consent to forward to next Council mtg. COST IMPACT / FUND SOURCE Expi;NIDITURI RI QL.IIRIM AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 11/26/18 Informational Memorandum dated 11/7/18 DRAFT Comments on proposed "Public Charge" rule Minutes from the 11/14/18 CDN Committee meeting 17 18 TO: 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 USCIS 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 19 INFORMATIONAL MEMO Page 2 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. OHS 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. 20 Z;1Council Agenda Items\Communications\Public charge item\lnfoMemo - 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. 21 22 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes November 14, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kate Kruller, Chair; Kathy Hougardy, Zak Idan Staff: Jack Pace, Lynn Miranda, Mia Navarro, Laurel Humphrey CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m. . PRESENTATIONS II. BUSINESS AGENDA A. Proposed Federal "Public Charge" Rule Staff is Council direction on submitting formal opposition to a new proposed Federal rule titled *"Inadmissibility on Public Charge Grounds." This rule seeks to strengthen existing language ensuring that immigrants will be self-sufficient and not dependent on public benefits, but in practice would negatively impact immigrant families in the community. Immigrants applying for entry and non-immigrant visitors seeking to extend their stay or change their status would be evaluated on whether they would have to rely on public benefits. If yes, they would be denied admission or extension. The proposed rule would negatively impact families that are trying to reunited as well as immigrant families that are already here and may be discouraged from applying for needed benefits. The public comment period ends December 10th, 2018. Committee members discussed the proposed rule and expressed unanimous support for the city to formally provide comment in opposition. Chair Kruller shared that the Tukwila Pantry experienced a decline in participation due to immigrant families fearing the consequences of a rule like this. She asked if other cities are submitting comments and offered to engage the Sound Cities Association Public Issues Committee. Staff will modify the draft comment by adding language about the Tukwila Pantry. Chair Kruller also requested that staff reach out to Senators Cantwell and Murray. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 26, 2018 COMMITTEE FO THE WHOLE. A. Ordinance: Moratorium within the Tukwila International Boulevard Study Area Staff is seeking Council approval to renew the existing moratorium in the Tukwila International Boulevard study area which is set to expire on January 10, 2019. Doing so will allow maintenance of the land use status quo until the City completes its review and adoption of zoning code changes that will reflect the Comprehensive Plan's vision and recommendations from the Congress for New Urbanism. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 26, 2018 COMMITTEE OF THE WHOLE. Adjourned 6:04 p.m. Committee Chair Approval 23