Title
Adopt a Resolution opposing the proposed "Public Charge" rule released by the U.S. Department of Homeland Security.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a Resolution opposing the proposed "Public Charge" rule released by the U.S. Department of Homeland Security.
SUMMARY
On October 10, 2018, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking that would reshape how the federal government defines "public charge" - a term used by federal immigration authorities to determine whether an individual seeking immigration status is likely to become primarily dependent on the federal government for subsistence. The draft rule would widen the scope of programs and factors that federal immigration authorities may consider when determining if an individual qualifies as a "public charge." This includes individuals already in the country seeking permanent legal residency or visa extensions, as well as those seeking entry to the country. The comment deadline on the proposed rule is December 10, 2018.
DISCUSSION:
The proposed rule, if finalized as drafted, would upend decades of immigration law, jeopardize County residents' use of essential safety-net benefits and services, and undermine County policies that have helped its communities to thrive.
The U.S. government may deny entry and green cards to certain non-citizens it deems likely to become a "public charge." Under existing policy, "public charge" means someone who is primarily dependent on the government for subsistence. Whether an immigrant is deemed likely to become a public charge depends on many factors, including the immigrant's use of a narrow set of public benefits.
The proposed rule would significantly expand the public charge analysis. Under the proposal, the federal government would consider an immigrant's use of a broadened range of public benefits. And it could deny entry or green cards to certain non-citizens, includi...
Click here for full text