Miami-Dade Legislative Item
File Number: 182022
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File Number: 182022 File Type: Resolution Status: Adopted
Version: 0 Reference: R-926-18 Control: Board of County Commissioners
File Name: MAINTAIN THE CURRENT INTERPRETATION OF THE PUBLIC CHARGE Introduced: 8/23/2018
Requester: NONE Cost: Final Action: 9/5/2018
Agenda Date: 9/5/2018 Agenda Item Number: 11A16
Notes: Title: RESOLUTION URGING PRESIDENT DONALD TRUMP AND THE DEPARTMENT OF HOMELAND SECURITY TO MAINTAIN THE CURRENT INTERPRETATION OF THE PUBLIC CHARGE RULE; AND OPPOSING ANY FEDERAL REGULATORY CHANGE THAT WOULD NEGATIVELY IMPACT IMMIGRANT FAMILIES
Indexes: URGING
Sponsors: Daniella Levine Cava, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Eileen Higgins, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 9/5/2018 11A16 Adopted P

County Attorney 8/23/2018 Assigned Javier Zapata 8/23/2018

Legislative Text


TITLE
RESOLUTION URGING PRESIDENT DONALD TRUMP AND THE DEPARTMENT OF HOMELAND SECURITY TO MAINTAIN THE CURRENT INTERPRETATION OF THE PUBLIC CHARGE RULE; AND OPPOSING ANY FEDERAL REGULATORY CHANGE THAT WOULD NEGATIVELY IMPACT IMMIGRANT FAMILIES

BODY
WHEREAS, according to a draft proposal obtained by the Washington Post, the Department of Homeland Security (“DHS”) is contemplating a rule change for determining when an individual may be considered a “public charge”; and
WHEREAS, a person who is likely to become “primarily dependent” on government services is considered a “public charge” and may not be able to become a legal permanent resident of the United States, and may be subject to removal proceedings; and
WHEREAS, at present, only receipt of direct cash assistance for income
maintenance–Temporary Assistance for Needy Families or Supplemental Security Income–or institutionalized long-term care at the government’s expense can be considered as factors when determining if an individual is a “public charge”; and
WHEREAS, per the proposed DHS rule, receipt of non-cash assistance such as health insurance subsidies, Medicaid, KidCare, Supplemental Nutrition Assistance Program benefits, earned-income tax credits, housing subsidies, and other public benefits, including the receipt of such benefits by noncitizens lawfully present in the U.S. or U.S. citizens’ family members, could
negatively impact an immigrant applying for admission or lawful permanent residence; and
WHEREAS, Florida has the fourth highest number of families with at least one noncitizens member who receives at least one income-based public benefit from the federal government; and
WHEREAS, over 832,600 Florida residents who are not citizens received some type of public benefit based on their income, with many such residents living in Miami-Dade County; and
WHEREAS, such a rule change may dissuade many families from seeking the benefits they need for fear of the repercussions from receiving such benefits; and
WHEREAS, according to a May 2018 report by the Kaiser Family Foundation, up to 75 percent of children would lose health insurance if their parents disenroll them from Medicaid or KidCare; and
WHEREAS, according to the Florida Health Justice Project, nearly 109,000 U.S.–born children with at least one noncitizen parent are enrolled in Medicaid or KidCare programs in Miami-Dade County; and
WHEREAS, according to the Florida Health Justice Project, approximately 28,000 children in Miami-Dade County could become uninsured if the proposed changes to the public charge rule are enacted; and
WHEREAS, pregnant women, including those who are lawfully present or are U.S. citizens, who are in mixed immigrant family households, may choose to forego Medicaid–covered prenatal care out of fear that receiving such coverage may negatively impact the ability of the family to stay together; and
WHEREAS, the loss of Medicaid and KidCare coverage for Miami-Dade County residents, including children and pregnant women, could result in an increase in uncompensated care costs for safety-net hospitals, including Jackson Health System, when these individuals require medical treatment; and
WHEREAS, this Board opposes any proposed change to the public charge rule which might negatively impact families in Miami-Dade County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges President Donald Trump and the Department of Homeland Security to maintain the current interpretation of the public charge rule.
Section 2. Opposes any federal regulatory change that would negatively impact immigrant families.
Section 3. Directs the Clerk of the Board to transmit a certified copy of this resolution to the President of the United States, the members of the Florida Congressional Delegation, and the Secretary of the Department of Homeland Security. 
Section 4. Directs the County’s federal lobbyists to advocate for the action described in Section 1 and oppose the action described in Section 2 above, and directs the Office of Intergovernmental Affairs to amend the 2018 Federal Legislative Package to include this item.



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