By Carol McCracken  (Post # 2,154)

Yesterday afternoon the Maine Municipalities Association filed a Petition for Review in Cumberland County Superior Court seeking to clarify the confusing statement about whether municipalities legally should or can provide local General Assistance benefits to illegal immigrants.  The City of Portland and the City of Westbrook are co-plaintiffs in the suit.  The defendants in the case are the Department of Health & Human Services and Mary Mayhew, Commissioner of the Department.

“At issue is a Maine Department of  Health & Human Services directive dated June 13 that said the State will withhold funding from municipalities that provide General Assistance benefits to aliens who are not lawfully present in the U.S.,” according to a press release from the association.

“MMA wishes to stress that the lack of process in the central legal issue here, along with the fact that conflicting legal opinions among DHHS, the Governor’s Office and Attorney General have put municipal General Assistance officials in an untenable position. If they decline to follow the June 13 DHHS directive, state funds will be withheld.  If they abide by the directive, and decline to provide local assistance, lawsuits against municipalities are fairly likely – and local taxpayers could bear the financial consequences,” the press release continued.

The MMA has retained outside counsel, Norman, Hansen and DeTroy, of Portland to represent the plaintiffs in the case.