The Administration of Maine Gov. Paul LePage (R) will implement plans to eliminate state support for illegal aliens who apply for or receive General Assistance benefits. Although the plan is consistent with a federal ban on aid to illegal aliens, Maine Attorney General Janet Mills (D) said the move may be unconstitutional.

Since December, LePage has sought to prohibit state aid from flowing to illegal aliens to bring General Assistance standards in line with qualifications for federal aid such as Temporary Assistance for Needy Families and food stamps. Federal law prohibits a state from providing welfare benefits to illegal aliens unless it has a statute that qualifies people irrespective of immigration status. Maine does not have such a statute.

This week Maine Department of Health and Human Service Commissioner Mary Mayhew said, “We are moving forward and will continue our efforts to align programs with federal rules to ensure that precious taxpayer dollars are used appropriately for those in need and protected for those who are legal residents of Maine and this country.” Mayhew said the new rules will affect about 1,000 illegal aliens and save the state more than $1 million a year.

The Maine General Assistance program is run by cities and towns, with funding from the state. The state reimburses most municipalities up to 50 percent of General Assistance costs, although it covers up to 90 percent of the costs for Portland, Lewiston and Bangor. Under the new rules municipalities can choose to offer assistance to illegal aliens, but they would have to do so without state funding support.

Attorney General Mills declared unconstitutional an earlier effort by the LePage Adminstration that would have halted state General Assistance reimbursement for all non-citizens, including refugees and asylees. Her findings said the initial proposal violated the equal protection clauses of the state and federal constitutions, levied an unfunded mandate on local governments and exceeded statutory authority. The new rules only affect illegal aliens but Mills said they may still be unconstitutional and an unfunded state mandate.

Mills also said she isn’t sure how a city or town clerk will be able to determine whether someone is an illegal alien. “You can’t make every town in Maine a mini immigration office,” Mills said. However states and municipalities that hand out federal assistance are required to use the federal Systematic Alien Verification for Entitlements (SAVE) system to check the eligibility of all non-citizens. Maine was violating federal law by not using SAVE.

Read more in the Portland Press-Herald.

state policies
Illegal Immigration

Updated: Thu, Jun 26th 2014 @ 3:05pm EDT

None 2150 of WY's picture

Attorney General Mills says:

"Attorney General Mills declared unconstitutional an earlier effort by the LePage Adminstration that would have halted state General Assistance reimbursement for all non-citizens, including refugees and asylees. Her findings said the initial proposal violated the equal protection clauses of the state and federal constitutions, levied an unfunded mandate on local governments and exceeded statutory authority. The new rules only affect illegal aliens but Mills said they may still be unconstitutional and an unfunded state mandate."

When did it become legally constitutional to break the laws of this land. Another nut making a stupid statement!


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Caroline 7445 of CO's picture

The AG cites "equal protection clauses of the state and federal constitutions." If that's the case, illegal aliens are on par with American citizens. Is this craziness ever going to end?

John 9100 of ME's picture

Maine already has a law which requires applicants for drivers' licenses to show proof of residence in Maine and legal status in the U.S. When I go down to the DMV next month to renew my license, I'll take a utility bill (proof of Maine residence) and my birth certificate (proof of legal status in the U.S.).It's no "big whoop" nor would it be a "big whoop" for applicants for general assistance to show that they're here legally. If they lie or make a fraudulent application, that will be a matter for someone else to deal with, not the town clerk.

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Michael 4117 of SD's picture

How is it Un-Constitutional to deny aid to illegal aliens?

They've broken some laws below, why should they be rewarded?
U.S. Constitution, Art. IV, Sect. 4


SECURE FENCE ACT OF 2006 [[Page 120 STAT. 2638]] Public Law 109-367 109th Congress

If a criminal breaks into a bank, does he get an account and a choice of a coffee maker or a toaster?

“(The government) has simply chosen not to enforce the United States’ border security laws,”--U.S. District Judge Andrew Hanen of Brownsville, TX
Government leads by virtue of position, but it also leads by example. When the Government ignores valid laws, it sets very dangerous and disturbing precedents for it's Citizenry!

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Sami 6634 of CA's picture

So true, The highest level of Government POTUS is ignoring our laws, so why shouldn't everyone else?
Laws were written for a purpose, to protect citizens of USA.. NOT ILLEGAL ALIENS!!! What happens if we all go to MEXICO are they going to house, feed, care and give us free everything? Hell no, they will stick us in a prison cell and consider us dead... Look what they are doing to the Marine they are holding there only one man... they want us to be lenient, but they are all despicable...I don't get it! What is fair is fair!!!

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None 2150 of WY's picture

But it has to be done fast, before B.O. pulls out his pen or calls off the border patrol by telling them all they have paid 2 week paid vacation and to take now!

Yes, what the hell is congress doing to stop this insanity?

Dawn 6252 of IN's picture

Why should we let illegal aliens come here and give them everything for free when some americans cant get anything witout the proper paperwork. They dont have the proper paperwork but the aliens can get it FREE, NOT FAIR!! That is why America is in the shape it is today. Get all illegal aliens out and let us have our America back and get a good president because B.O. sucks!

Troy 4118 of NV's picture

U have to respect federal/state/city laws when it comes to federal/state/city social programs that help legal residents of which state to become self-sufficient.It is not unconstitutional to follow the law.Undocumented workers/citizens need to fill out/complete,wait,tested to become US legal citizens.No excuses.

John 3786 of FL's picture

Good for Maine! This AG should be tossed out, voted out or whatever...she makes ridiculous statements about illegals as though they were citizens....another "bleeding heart".

Ralph 0323 of MA's picture

I can forsee the illegals in Maine making plans to migrate to Massachusetts when this comes to fruition. Unfortunately they are more than welcome here, to wallow in/gobble up our broad social benefits. Adios!

None 2150 of WY's picture

Okay Van, if E-Verify is for new hires? How do you suggest we remove illegals working at jobs right now in all areas in the USA?

What is the right tool to prevent them from taking jobs that Americans can do?

If they are illegal, why aren't they deported A.S.A.P for violating our laws?

Someone mentioned a mass demonstration in Washington. Might be the only way to stop all of this law breaking and start deporting illegals. Man, this is getting stranger by the day.

We have illegals working USA jobs but we can't touch them and E-Verify only would work for new hires. What a joke on us!

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Van 0864 of VA's picture

At some point we need to extend E-Verify to existing employees. It's still the right tool. I think you know why they're not deported - Obama doesn't want to

Harry 5131 of CA's picture

When attorneys claim something is unconstitutional in advance of a decision, they are telegraphing a message to other attorneys and judges "Hey, look over here! Get ready for this issue!" It means they aren't willing to roll up they're sleeves and do the job they are paid to do, i.e. attorney general. The legal system isn't some magical place where beautiful legal decisions are always crafted and handed down. Yes, I understand human beings should be treated equally and with respect, but illegal immigrants are not deserving of public benefits. It's time to take away ALL of the magnets: jobs, public benefits, college tuition, drivers licenses, birthright citizenship, chain immigration, etc. We must encourage LEGAL immigration into the United States. Also, it's a big world out there: Point these immigrants toward Europe, Africa and Asia. Time to put out the NO VACANCY sign at US borders and ports.

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Joseph 2403 of IL's picture

America has become Babylon, a nation where babel is the norm.
What is United about the United States? Nothing! Millions of
illegal aliens get aid and treated well here, while the American
Marine being held there is being mistreated by Mexican Authorities!
The system is not broken the laws need to be enforced PERIOD!

Jon 8777 of NY's picture

Just how in hell can it be Unconstitutional to ban foreigners legal or illegal from obtaining any kind of government (taxpayer) paid benefits.
Just where in the Constitution of the United States of America does it say that foreigners legal or illegal are entitled to government (taxpayer) paid benefits.
Perhaps it is time for Congress to pass a law that strictly prohibits foreigners legal or illegal from recieving any government (taxpayer) paid benefit.
They should restrict the right of the court to have jurisdiction over the implementation of this law.
Article III, Section 2. Paragraph 2 states.....

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiciton. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exception, and under such regulations as the Congress shall make.
I am not a lawyer but reading this language it seems to me that there are times when the Congress can prohit the court from dealing with certain laws under certain circunstances.

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Ron 6288 of FL's picture

I have to agree that illegal aliens do have ONE right. That is the right to be deported back to where ever the hell they came from,no exceptions.

Patricia 1588 of CA's picture

I have news folks. In Ca. there has been a breakout of Whooping cough.It is estimated 800 new cases in just 2 weeks. 3,500 in in the past year. I don't think this is a coincidence. We must put the heat on our Representatives----This is dangerous to our children.In CA, they want to let children admitted into our schools with no documentation or vaccine records----OUTRAGES!

Joanna 1233 of NH's picture

Not only in CA but other states as these kids who have invaded our border are being transported to states all over our country by bus and plane including commercial airliners. One landed at Handscome Field in Lincoln MA from TX flown on to Boston as there were no facilities to house them and from Boston redistributed through New England. 12 were picked up by the Stafford County Sheriff and are housed in their jail. None of us are immune from the invasion and the disease they bring with them as they are not vetted or inoculated. Diseases that were whipped out years ago in America and which are own children have not been inoculated against; Measles, whopping cough, Polio, TB, scabies have gone unreported nationally among others.This for many is as serious as Death. Just think how a pandemic of several of these these diseases could breakout at once. Do you think Obamacare can handle it... H3ll No. This is a national travesty, an endangerment of OUR citizens lives. It's OUR children not illegal children that I care about, as clearly this inept malignant government should, but doesn't give a damm about. Call your reps and governors offices, I have and now the Center for disease Control is next on my list. Obama and his administration is a plague and I hope to heaven those diseases are NOT the next to follow.

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Edward 2647 of WI's picture

We desperately need the American people to exert extreme pressure on the politicians to cut off all public assistance to illegal aliens. They will deport themselves.
Also, the Federal Government needs to issue a Photo ID card to every real American Citizen.

Rick 5311 of IL's picture

Since the immigrations laws in this country don't matter it must also mean that the tax laws don't matter. If the government can pick and choose which laws it chooses to enforce that means I can pick and choose which taxes I wish to pay.

None 2150 of WY's picture

Now that would hit a sensitive area Rick 5311.

How would B.O. and his sheep pay for all of their illegals, if we choose to pay what taxes we wanted too and we choose not pay for their illegals.

We might all have to take a good look at your post! :)

Joanna 1233 of NH's picture

While I wholeheartedly agree with that Good luck with it as you better believe they won't loose our records like Learners e-mails. We'll be the ones fined, wages attached, and our butts hauled off to jail. Illegals have more protection than we do.
Taxpayers should march on Washington and I know that means time from work and a real hardship for those 500+ miles from DC. However, a coordinated march to each of our statehouses on "Labor Day" would be be effective.or the 4th of July our Independence Day demonstrating our Independence from a tyrannical unconstitutionally administered government.

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Jan 2435 of MD's picture

Supporting illegal immigration supports human trafficking. This is not a humanitarian crisis. It is a predictable, orchestrated and contrived assault on the American people by her political leaders that knowingly puts minor illegal alien children at risk for purely political purposes.
Certainly, we are not gullible enough to believe that thousands of unaccompanied minor Central American children came to America without the encouragement, aid and assistance of the United States Government.
Obama should be impeached and removed from office.

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Jm  2943 of CO's picture

Pete Sessions also wants it. Not sure who is better as Mccarty is pro amnesty and he has been heavily lobbied too.

Labrador has not been in that House that long so its doubtful he will get it.

NO amnesty. NO work permits. NO nothing but deportation.

Robert 4947 of IN's picture

Time to get a backbone and purge this country of all illegal aliens. Yes ... it will be tough to do and will require much support from the citizens but it will be worth it for our future generations. They deserve their country free of illegal aliens. The immigration laws need enforced not reformed.

Gary 3222 of AL's picture

Also, Title 8 Section 1324 United States Code "aiding,abetting,encouraging,transporting,harboring and hiring illegals is a felony and the RICO Statues apply when two or more of the above laws are violated.

Susan 6050 of DE's picture

How does the equal protection clause,pertain too ppl who are here illegally,isn't the Bill of Rights and the Constitution,the law of the land,for just it's citizens???

None 2150 of WY's picture

I agree 100%.

We have a dictator as a so-called president and his sheep controlling our country. That's why!

Congress is scared and will not IMPEACH him.