Gov. Paul “Tough on Welfare” LePage has decided he’s going to make a last-ditch effort to crack down on welfare benefits as his first term in the Blaine House wanes. Or is it that he’s decided to pander to his supporters and conservatives by creating the appearance that he’s doing so?
Late last month, the Maine Department of Health & Human Services released new guidance regarding people who are not “lawfully” present in the U.S., citing a federal law from 1996, that states those who are not in the country lawfully should be denied general assistance benefits.
Gov. LePage has since threatened to withhold all general assistance funding from cities and towns that provide the money to immigrants who cannot show they are living in the U.S. legally, according to the Associated Press.
While people who are not legally in the U.S. should not be able to claim such benefits, the definition of “lawful” and the rules around who makes such determinations can become quite complex. This sudden change is also an issue because there is no plan in place to assist those who would be impacted by it, which could lead to serious issues for some cities.
Portland would be particularly hard hit.
“We can’t decide today or tomorrow to follow the directive and then have hundreds, if not thousands, of people homeless and without food. That’s what makes this so reckless,” Portland Mayor Michael Brennan told the AP. “There’s no planning, no alternative, no provisions for people to the find basic necessities of food and shelter. People don’t just evaporate because the governor is making a political decision.”
We agree that this sudden change seems much more like political maneuvering than a true concern to get welfare programs in line with his own ideology. He’s had nearly four years to make this change, and has made many other drastic cuts and changes to DHHS programs. This one seems like it would have been a natural part of any of LePage’s previous directives regarding welfare benefits.
Now, cities like Portland ”“ where there is access to low-income housing, public transportation and jobs all in the same area ”“ have to face the possibility of losing their general assistance support from the state, which would leave them with no other option than to suddenly put major burdens on other resources that help people who are in desperate situations.
As Brennan pointed out, people will still remain in need of assistance when they are denied GA, and if that happens, there are likely to be more homeless people in Maine’s cities who are in need of food, shelter and other basic necessities.
To complicate the issue even further, Maine Attorney General Janet Mills has now said the governor is overstepping his authority, and municipalities should ignore his directive. Mills said LePage cannot circumvent the Legislature, and the change also creates other legal problems ”“ among them, turning municipal clerks into “mini immigration officials,” she told the AP.
It’s easy to see why that would be a problem, when one looks at the DHHS website. It states: “Municipalities shall provide general assistance to all eligible persons at the expense of that municipality. A municipality may not deny an applicant general assistance based upon residency. Whether a resident or not, if a person presents himself to make application for assistance, he shall be allowed to apply and if eligible, assistance shall be provided.”
It goes on to say: “A municipality is responsible for the general assistance support of the following individuals: 1. A resident of the municipality. … a ”˜resident’ means a person who is physically present in a municipality with the intention of remaining in that municipality to maintain or establish a home and who has no other residence; and 2. Eligible persons who apply to the municipality for assistance and who are not residents of that or any other municipality.”
If a person doesn’t have a residence, job or photo ID, it seems like it would be difficult for a municipal official to determine whether that person is in the country legally ”“ not to mention the time it would take already over-burdened workers to look into a person’s residence status.
In addition, according to the federal law LePage and DHHS are citing, “qualified aliens” ”“ including asylees and refugees ”“ are eligible for GA. But what about those who haven’t been able to secure that status yet, but are already in the U.S.?
Susan Roche, executive director of the Immigrant Legal Advocacy Project in Maine, says seeking asylum is a lengthy process, according to the AP. About 1,000 people in the state will be affected by this directive, she said, many of whom are seeking asylum, and will be left with little to no options for help while they work to gain a “lawful” status in the country. It’s not always possible for people to get here the legal way. Sometimes, when their lives are threatened, they must move first and think second.
The governor and the state should not punish municipalities for doing their best to work with the hand they’ve been dealt ”“ election year or not.
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Today’s editorial was written by City Editor Robyn Burnham Rousseau on behalf of the Journal Tribune Editorial Board. Questions? Comments? Contact Managing Editor Kristen Schulze Muszynski by calling 282-1535, ext. 322, or via email at kristenm@journaltribune.com.
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