Homeland Safety investigates L.A. County for offering federal advantages to unauthorized immigrants


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The Trump administration introduced Monday that it has launched an investigation into California’s Money Help Program for Immigrants, a state program that gives month-to-month money advantages to aged, blind, and disabled non-citizens who’re ineligible for Social Safety advantages because of their immigration standing.

The investigation started in Los Angeles, with Immigration and Customs Enforcement’s Homeland Safety Investigations Los Angeles subject workplace issuing a Title 8 subpoena to California’s Money Help Program for Immigrants, the Division of Homeland Safety mentioned in a information launch.

In response to the division, the subpoena requests all information from the Los Angeles County Division of Public Social Providers, the company that administers the state program, to find out if ineligible immigrants obtained supplemental safety earnings from the Social Safety Administration during the last 4 years.

“Radical left politicians in California prioritize unlawful aliens over our personal residents, together with by giving unlawful aliens entry to money advantages,” Homeland Safety Secretary Kristi Noem mentioned in a press release.

“The Trump Administration is working collectively to determine abuse and exploitation of public advantages and ensure these on this nation illegally aren’t receiving federal advantages or different monetary incentives to remain illegally,” Noem added. “If you’re an unlawful immigrant, you must go away now. The gravy practice is over. Whereas this subpoena focuses solely on Los Angeles County — it’s only the start.”

In response to Homeland Safety, its Los Angeles investigations subject workplace is subpoenaing information together with candidates’ title and date of beginning, copies of purposes, immigration standing, proof of ineligibility for advantages from the Social Safety Administration and affidavits that supported the applying.

“The scope of the subpoena is breathtakingly broad,” mentioned Kevin R. Johnson, a professor of regulation at UC Davis, noting that the subpeona isn’t narrowed for privateness pursuits and seeks affidavits from individuals who assist immigrants’ purposes.

Lots of people may very well be anxious, Johnson mentioned, that any perceived assist of somebody who’s undocumented may make them topic to legal prosecution for harboring undocumented immigrants.

“Issuing a subpoena with this breadth is like making an attempt to choose a combat, it’s asking for heaven and earth when it comes to info,” Johnson mentioned. “It’s traditional Trump administration handiwork.”

Johnson, who makes a speciality of immigration regulation, mentioned there are two sides to the dispute: The federal authorities can work to make sure that advantages aren’t given to undocumented immigrants, as Congress has restricted who can obtain Social Safety advantages and the localities must adjust to that regulation. However, he mentioned, the county’s curiosity is: “‘Nicely, in the event that they flip this info over, is it simply going to be grist for the Trump mass deportation marketing campaign?’”

California’s Money Help Program for Immigrants’ web site states that the 1996 Welfare Reform Act eradicated Supplemental Safety Revenue and State Supplementary Funds eligibility for many noncitizens. Due to this fact, most immigrants who weren’t receiving that help in August 1996 are not eligible.

However a small variety of immigrants who dwell in California are eligible for this system if they’re a low-income noncitizen who meets the immigration standing standards in impact for the applications as of Aug. 21, 1996, are 65 or older, blind or disabled, and ineligible for the supplementary funds solely because of their immigration standing.

In response to the Public Coverage Institute of California, about 1.1 million individuals obtain SSI and SSP month-to-month grants, greater than half of them age 65 and older. The California Help Program for Immigrants, the institute mentioned, serves about 15,000 authorized residents who don’t meet further noncitizen standards for SSI.

Johnson mentioned he anticipated the subpoena to start a protracted course of, with challenges from L.A. County attorneys together with a number of courtroom rulings.

Whereas a extra narrowly tailor-made subpoena from the administration could have been more practical for its investigation, Johnson mentioned he suspects its purpose was broader: to create a chilling impact amongst immigrants.

“Harm is finished simply by searching for the supplies,” Johnson mentioned.

“I don’t essentially assume the Trump administration cares in the event that they win,” he added. “In the event that they don’t get what they need, they’ll say it’s all of the courts’ fault. However in case you’re an individual who receives any advantages, maybe lawfully, you’re going to listen to about this. It’s a part of a complete mosaic of concern that’s being created in immigrant communities.”

The investigation comes after President Trump signed a presidential memorandum on April 15 to cease immigrants missing documentation from acquiring Social Safety Act advantages in what he referred to as a bid to cease incentivizing unlawful immigration and shield taxpayer {dollars}.

The memorandum directed the secretary of Homeland Safety to make sure unauthorized immigrants don’t obtain funds from Social Safety applications and prioritized civil or legal enforcement towards states or localities for potential violations of Title IV of the Private Duty and Work Alternative Reconciliation Act.

It additionally expanded the Social Safety Administration’s fraud prosecutor program to at the least 50 U.S. lawyer ofices and established a Medicare and Medicaid fraud-prosecution program in 15 U.S. lawyer workplaces.