AUGUSTA — In a suit filed Thursday, a statewide association for Maine cities is asking a judge to rule on the legality of a new policy from the administration of Republican Gov. Paul LePage that would cut funding to cities that provide welfare benefits to undocumented immigrants.
Earlier this year, the Maine Department of Health and Human Services issued a directive saying it would no longer reimburse cities for General Assistance benefits paid to some undocumented immigrants.
Maine cities pay about $1 million a year to illegal immigrants, many of whom are seeking political asylum and are in legal limbo, awaiting official documents and legal status from the federal government.
The lawsuit, filed in Cumberland County Superior Court by the Maine Municipal Association along with association members Portland and Westbrook, notes that on June 20, LePage delivered correspondence to all municipalities saying that all state General Assistance funding — not just the portion provided to undocumented immigrants — would be denied to municipalities that do not follow his directive.
“MMA believes the action is necessary to see whether the DHHS directive is legally binding, as it was issued without the standard and long-followed rule-making procedures that govern virtually every other directive and regulation coming from the state,” according to a statement issued by the association.
“MMA wishes to stress that the lack of process is the central legal issue here, along with the fact that conflicting opinions among DHHS, the governor’s office and attorney general have put municipal General Assistance officials in an untenable position,” according to the statement.
Maine Attorney General Janet Mills, a Democrat, has warned that withholding payments to undocumented immigrants would be unconstitutional under Maine law, but the LePage administration says it is simply forcing cities to follow federal law.
Mills has said the directive from LePage is an unfunded mandate on cities because it would require them to, in effect, become immigration officials who would have to verify an immigrant’s legal status.
Lewiston Mayor Robert Macdonald said he welcomed the MMA’s lawsuit.
“At least this will clarify it,” Macdonald said. “This will tell us if we face a lawsuit, and just where we stand. If we fight a lawsuit, even if we end up winning, we lose because it costs us so much.”
But Macdonald said he supports LePage’s effort to curb General Assistance.
“I hope this turns out that the governor is right,” he said. “It’s just additional money we have to pay for people, and we should not have to because they are here illegally.”
Maine law requires cities and towns to pay General Assistance to needy residents out of their general funds and property taxes. Single recipients can be eligible for up to $537 per month in aid from the municipality to help pay for basic necessities: housing, utilities, medicine and food. Multi-person households can be eligible for more.
The state reimburses Maine cities and towns for a portion of what they pay out. Generally, the state repays half of what the municipality pays. The state reimbursement rate increases to 90 percent for a municipality once it pays out a certain amount.
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