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Home , Darrell Steinberg, Jim Kenney, Keisha Lance Bottoms, Sam Liccardo

COUNCIL AGENDA: I 0/23/2018 ITEM: 3.5

CTTYOF ~ SANJOSE Memorandum CAPITAL OF SILICON VALLEY

TO: CITY COUNCIL FROM: Mayor Councilmember Chappie Jones Councilmember Sergio Jimenez Councilmember Dev Davis

SUBJECT: SEE BELOW DATE: October 19, 2018

Appr~~ Date ~~2 ;:~ SUBJECT: PROPOSED PUBLIC CHARGE RULE

RECOMMENDATION Accept staff recommendation to adopt a resolution opposing the proposed Public Charge rule released by the Department of Homeland Security and published in the Federal Registrar on October 10, 2018, and direct the City Attorney's Office to submit a statement on behalf of the City during the public comment period. BACKGROUND San Jose is a City of immigrants. Nearly 20 percent of our residents do not have US citizenship. Since our city's founding 241 years ago, San Jose has provided opportunities, protections, and economic mobility to its immigrant community. A recent Harvard study shows that low-income residents in San Jose have had greater opportunities to participate in the prosperity of our nation than any other metro area in the nation. Penalizing immigrants who have received public benefits for their health, education, or housing is inconsistent with our values and conflicts with our goal of being a welcoming community for all.

The White House's repeated attempts at "ethnic cleansing"- albeit generally utilizing race­ neutral mechanisms to accomplish objectives that, by the President' s rhetoric, have a clearly ------r-aeist-i-ntent-have left-much of 0m-eomrnl:fility vulnerable. As--we-have-stoGd-in-dfil€n-S€ of our DACA recipients and our Muslim community, we oppose the proposed Public Charge rule put forth by this Administration. These changes to well-established policy threatens our families' health and well-being, and will imperil hundreds of thousands of our neighbors. We condemn this step, and commit to empowering our community by educating and informing them about their rights and obligations under the law. The City's Office of Immigrant Affairs, working with each of our own offices, will provide a vital role in this effort.

Through the US Conference of Mayors, we have joined nearly 100 mayors in rejecting the proposed public charge rule (letter attached), and encourage our Council to do the same. THE CONFERENCE OF MAYORS

1620 EYE STREET NORTHWEST WASHINGTO N, D.C. 20006 TELEPHONE (202) 293-7330 FAX (202) 293· 2352 URL: www.u s mayors . or~

l1rv\1J c- ru: October 10, 2018 ;TFJ'HE:-: K. BENJAMIN f\h)'\» ,,f Co luo1b1.\, SC Vic< P1t·~ 1d..-n1 : ltRVAN K. ~ARN ETr The Honorable Kirstjen M. Nielsen 1\bp1t ufRod 1.. ...1r:1 I lill\

~~'C"unJ Vic< l'n:1iJcm: Secretary GREG HSCl·I ER Mlror ofl •lu i~\· il!c U.S. Department of Homeland Security l'iu [ 11c~idc11t : 3801 Nebraska Ave NW ELIZABETH B. KAUTZ M:ip•r ofH111cu1-ill<.· Washington, DC 20528 'lh~1~'<$ : ~TF.Vf.Afll F.R s H,t~ki:1~:;_'.N~0 Dear Secretary Nielsen: !\\:i~·or ofGr.. .., Jwn J. CH [(I STI11.N HOLLW.•IGE i\•l:i~'UI 11ff.li-tJ.1.hcth JA MF~'\ RRAINARD !l.hvo1of C:armtl We write to register the strong opposition of the nation's mayors to the new regulations on FRM> ~ CO\X'NIE M:i1·ur o f IA·) Mv iu<') "public charge" that your Department is proposing. While we understand the intent of the lUU. d~ LH.A!il() "public charge" test that has been in place for decades, the new proposed rule takes this 101td~0.0£~o~rk /\1 ;iror ofPr1wi,l .. n1'. c: principle to an extreme and, if adopted, would ultimately punish immigrants for accessing JOHN .Gll.f-~ Kl~~~~;~1J[t;~i non-cash benefits designed to help families succeed and thrive in the United States and "11t~.lt~\W~~~,G~'·illc become contributing members of our communities. JAS1~$r.~~J~~~j;,. ~l iyu 1 ufGroecn B;1y MAR11N J. WALSH Many great Americans came to this country as immigrants, arriving with nothing and N/\~1\{;}1 ~~'·\ '''" sta rting their journey from the bottom rung of the economic ladder. Our history has shown M;ayor ofD,1y1on us that access to critical benefits are often necessary fo r a short time in order to help 8 AdJt"ANC A,~l..os llF.IHvl\JOF.7. 1 1 immigrants become assimilated a nd ultimately prosper in their new country. Clearly, it M~ iti:' B~~~ER would not be in the best interest of our communities to impose furthe r restrictions on non­ A lt ~~ltF~~'ltf..:?E'''ct 11fCnl11111bi.1 Ma1·u1 ol Rocllt'.un MN cash benefits that would limit immigrants' growth, economic prospe rity, and pursuit of SI ! ARC>~ WEST ON RROOME RC)~·lfilfbj f lla10 11 Ro ni:c happiness as Americans. 1 1 1:.1~ fiiC·t~r·~lfEG1uc: 1 1 Cl 1~~~:) ~; ff:l~ t~:',~1~AI l)ON In our view, this proposal will co mpromise children's health, nutrition, and development; 1·AS~iNE 11~u~SO5 (:t;·r1~E'R impact access to health care; reduce housing options; and negatively affect our local ~ ia }·orof S.111 r ..-. 111dm HAHDl E DAVI S. JR- economies. It will fo rce fami li es to choose between the help they need and the people they BU~i~N1L~~til'\;um love. Further, by disrupting many people's pathways to citizenship, the proposed rule would ~ h )-or of O rbndo l\AR.EN f!R EEhlAN-\'«ILSON also deprive immigrants and cities alike of the well-documented benefits of naturalization on 1 j ( )S~t~~l'rt6~~1'M earnings, employment, and homeownership. 1of S111111.. r 1\1)1,\ I.. ~II HALIK JO~~lrrcfnt.~ 1·r As mayors, we see firsthand, every day, the positive impact that immigrants have on our MAt1i:~:.t;~·1 ?1;11~"1 communities. They contribute in countless ways to our economic and cultural strength. Our R f.~~H 11W'Rrrnr.mni;~---ci ties-a nd-ettt'-gi'e-a t- na ti o n-were-b u+l t-by i m migFaflt-s-and-a re con t:i n ua.J.l.y-i:ee ne1·g ~zed-b--v------MarcN ol Lu C ru ..' t>J FR,1:-:k c . 0 HT 1s them. This misguided policy will hurt our people, our cities, a nd our nation. It denies our 0 ~11c~G!J'.X'l:u !1Llt" i•;., history and jeopardizes our future. M~rot of S.urn Am MAl)F.IJNE ROG ERO 1\l~p.>r ofKnox1·illt> Hll.l.,\JlY SCHIEVE ~l:i1'1l1 ufR~nu At the annual meeting of the U.S. Conference of Mayors this past June, we unanimously PAUL .\()l;UN ~ta ~">111f M:«l 1j(•n, \Xl'J adopted policy calling on the Administrati on to drop any expansion of the "public charge" CA RY!iOISF.T H 1 rule. With this letter, we reiterate this call and urge you to abandon this misguided rule M1\~ K>S-f0'6~l~~k 1 · RA~at~1S ~: ~iu~~i~zk now. WI.~ 1fJ?fr.°~· ~!{jJt~ F H RRJ ~'N>c. ~~11~Lf.1R1 Sincerely, Act~t~N i:~ !;ir\~Aith r: N Maror of FN11.Lna

CEO ai\d fa~.:mi\•c 1)1rCt'. ror TO ~I COCll RAN Mayor Steve Benjamin Mayor Bryan K. Barnett Mayor Columbia, South Carolina Rochester Hills, Michigan Louisville, Kentucky President Vice President Second Vice President

Mayor Elizabeth B. Kautz Mayor Jorge 0. Elorza Mayor Tom Tait Burnsville, Minnesota Providence, Rhode Isla nd Anaheim, Past President Co-Chair, Immigration Co-Chair, Immigration Reform Task Force Reform Task Force

Mayor Mayor Tom Cochran , California , New York CEO and Executive Director Chair, USCM Latino Alliance Chair, Cities of Opportunity Task Force

Mayor Mayor Pauline Russo Cutter Mayor Francis X. Suarez Mesa, Arizona Sa n Leandro, California , Florida

Mayor Mark W. Mitchell Mayor David Terrazas Mayor Frank C. Ortis Tempe, Arizona Santa Cruz, California Pembroke Pines, Florida

Mayor Jonathan Rothschild Mayor Ted Winterer Mayor Geraldine 'Jeri' Muoio Ph.D. Tucson, Arizona Santa Monica, California West Palm Beach, Florida

Mayor Mary Casillas Salas Mayor Patrick). Fu rey Mayor Chula Vista, California Torrance, California ,

Mayor Sam Hindi Mayor john). Duran Mayor Rahm Emanuel Foster City, California West Hollywood, California , Illinois

Mayor Lily Mei Mayor Suzanne 'Zan' )ones Mayor Thomas P. McNamara Fremont, California Boulder, Colorado Rockford, Illinois

Mayor Robert Garcia Mayor Michael B. Hancock Mayor Karen M. Freeman-Wilson Long Beach, California , Colorado Gary, Indiana

Mayor Leonard Siegel Mayor Joe Ganim Mayor Pete Buttigieg Mountain View, California Bridgeport, Connecticut South Bend, Indiana

Mayor )ill Techel Mayor Marcia A. Leclerc Mayor Patrick L. Wojahn Napa, California East Hartford, Connecticut Co ll ege Park, Maryland

Mayor Mayor Luke Branin Mayor Jeffrey Z. Slavin Oakland, California1------Hartford, Connecticu Somerset, Maryland____ _

Mayor Thomas K. Butt Mayor Toni N. Harp Mayor Martin). Walsh Richmond, California New Haven, Connecticut , Massachusetts

Mayor Mayor Shari Cantor Mayor Yvonne M. Spicer Sacramento, California West Hartford, Connecticut Framingham, Massachusetts

Mayor Sam Liccardo Mayor Mayor Joseph A. Curtatone San Jose, California Washington, DC Somerville, Massachusetts Mayor Mayor Michael P. Summers Mayor Cassie Franklin , Minnesota Lakewood, Ohio Everett, Washington

Mayor Melvin Carter Mayor David J. Berger Mayor John Marchione St. Paul, Minnesota Lima, Ohio Redmond, Washington

Mayor Sylvester 'Sly' James Jr. Mayor Denny Doyle Mayor Jenny A. Durkan Kansas City, Missouri Beaverton, Oregon , Washington

Mayor Lyda Krewson Mayor Lucy K. Vinis Mayor Victoria Woodards St. Louis, Missouri Eugene, Oregon Tacoma, Washington

Mayor Debra March Mayor Mayor Allan Ekberg Henderson, Nevada Portland, Oregon Tukwila, Washington

Mayor Francis 'M ac' Womack Ill Mayor Mayor Paul R. Soglin North Brunswick, New Jersey , Madison, Wisconsin

Mayor Brian C. Wahler Mayor William Peduto Mayor Thomas 'Tom' Barrett Piscataway, New Jersey , Pennsylvania Milwaukie, Wisconsin

Mayor Adrian 0. Mapp Mayor James A. Diossa Plainfield, New Jersey Central Falls, Rhode Island

Mayor Liz Lempert Mayor Kim McM illa n Princeton, New Jersey Clarksville, Tennessee

Mayor Kathy M. Sheehan Mayor David Briley Albany, New York Nashville, Tennessee

Mayor Byron W. Brown Mayor Buffalo, New York Austin, Texas

Mayor Lovely Warren Mayor Antonio 'Tony' Martinez Rochester, New York Brownsville, Texas

Mayor Lydia Lavelle Mayor Mike Rawli ngs Carrboro, North Carolina , Texas

Mayor Pam Hemminger Mayor Dee Margo Chapel Hill, North Carolina El Paso, Texas

Mayor Steve Schewe! Mayor Durham, North Carolina , Texas

Mayor Andrew J. Ginther Mayor Columbus, Ohio , Texas

Mayor Nan Whaley Mayor Jackie Biskupski Dayton, Ohio , Utah

Mayor Lydia L. Mihalik Mayor Allison Silberberg Findlay, Ohio Alexandria, Virginia