Maine Superior Court Gives Double-Sided Decision on Assistance for Immigrants, Asylum Seekers
In a divided decision, Maine's Cumberland County Superior Court issued its decision on a case concerning General Assistance for immigrants, including asylum seekers. Both sides of the legal fight have claimed victory.
Superior Court Justice Thomas D. Warren ruled in a 20-page decision that Maine was in compliance with the 1996 federal welfare reform act, which restricts General Assistance monies for all immigrants, reports the Portland Press Herald.
However, Justice Warren also argued the LePage administration and the Maine Department of Health and Human Services (DHHS) overstepped its authority in rewriting General Assistance guidance, which demanded all aid recipients to state their immigration status and provide the according documentation.
"That leaves the court with what might appear to be an irreconcilable conflict between a state agency that has failed to adopt a rule as required by law and whose actions are in excess of statutory authority ... and municipalities which are not adhering to federal statute relating to the eligibility of certain non-citizens for state and local benefits," Justice Warren wrote.
What the decision means is that the cities of Portland and Westbrook, which brought the case against the state, will not be refunded for the General Assistance funds they have spent, a victory for Gov. Paul LePage (R), who campaigned on welfare reform.
"This is a major win in the LePage Administration's efforts to reform DHHS and reprioritize our resources to help truly needy Maine citizens, especially the elderly and disabled," said DHHS Commissioner Mary Mayhew in a statement. "Yet many state lawmakers are still prioritizing welfare for non-citizens over nursing homes and people with brain injuries as they negotiate a state budget."
Commissioner Mayhew continued, saying Portland had paid millions to cover aid for undocumented immigrants, but "state taxpayers can rest assured that they will not be footing the bill as long as Governor LePage is in office."
According to the Portland Press Herald, Portland used to receive $3.1 million in state funds for General Assistance but since July 2014 the state has withheld $3.3 million in reimbursements owed to the city. The justice's decision means the state will not pay.
However, immigration advocates are viewing the other part of Justice Warren's decision as a victory.
"The court has declared that the Department of Health and Humans Services exceeded its authority and acted unlawfully," said Zach Heiden, legal director for the ACLU of Maine in a statement. "The department's efforts to deny life-saving assistance to asylum seekers and other legal immigrants cannot be supported by the law."
The ACLU and Maine Equal Justice Partners (MEJP) joined the lawsuit against the state in 2014. However, they lamented the court's decision concerning who can receive General Assistance.
A fact sheet released by the city of Portland in February notes that 40 percent of those seeking General Assistance funds are "Visa holders who are seeking asylum." It adds asylum seekers are not undocumented immigrants, but continues to explain, "state law requires municipalities to provide assistance based on financial need regardless of residency or legal status of the person applying for assistance."
In Portland, the number of asylum seekers receiving General Assistance increased from 1,716 at the end of the 2014 fiscal year to 1,899 in the first five months of the 2015 fiscal year, which started in July, reported the Portland Press Herald.
But, in that same time frame, the number of undocumented immigrants receiving aid dropped from 2,594 to 927.
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