Despite a threat from the state to cut off general assistance reimbursement, the communities of South Portland and Scarborough have decided to continue their policy of offering help to anyone who qualifies.

The two communities have stopped short, however, of joining in the lawsuit against the state by the cities of Westbrook and Portland and the Maine Municipal Association, which was filed last week.

That suit questions a new directive from the Maine Department of Health and Human Services, which calls on cities and towns in Maine to deny general assistance aid to illegal aliens, which the department and Gov. Paul LePage both say is in compliance with a 1996 federal law.

However, this spring the Maine Attorney General’s Office determined that cutting off aid to undocumented people would be a violation of both the U.S. and Maine constitutions.

In a letter sent to municipalities across the state in late June, LePage said he would enforce the directive preventing aid from being given to illegal aliens.

“During my administration, we worked to eliminate Maine’s status as a sanctuary state,” the letter stated. “Enforcing the federal prohibition is another common-sense measure to make sure local taxpayer dollars are helping Mainers, U.S. citizens or those living here with legal status. I expect the head of each municipality to communicate with the (Department of Health and Human Services) to certify in writing compliance with federal law.”

At its meeting on Monday, the South Portland City Council formalized its intention to continue offering general assistance to those who qualify based on income and need, even if they are undocumented, which is “consistent with the city’s past practices.”

The vote was unanimous and followed a short public comment session during which everyone who spoke urged the council to keep providing general assistance aid, which is most often used to help with the costs of food, heat and rent.

In Scarborough, according to General Assistance Coordinator Rene Daniel, “every person who contacts (the town’s) general assistance office is granted an application. (And all) applications are reviewed, and services are awarded based on income and circumstances.”

The town of Cape Elizabeth has not provided any aid to any undocumented individual since the directive came down from the Department of Health and Human Services, according to Town Manager Mike McGovern.

In the past year, Cape Elizabeth spent $39,738 on general assistance requests and was reimbursed by the state for $11,764 of that amount, McGovern said.

According to South Portland City Manager Jim Gailey, there are fewer than a dozen undocumented people who have received general assistance aid from the city during the past year. He also said that since last December these undocumented people have received nearly $31,000 in aid from the city.

In a memo provided to the City Council prior to Monday’s meeting, Gailey said, “Maine towns and cities are stuck in a difficult position. On one hand, municipalities have been providing aid to these individuals for a number of years – aid, in some cases, that helps keep these individuals off the streets.”

He said if South Portland continues to offer general assistance to undocumented people it could lose its reimbursement from the state, while on the other hand if it stops providing the aid, it could “expose itself to a legal challenge … asserting the municipality has violated certain rights provided under the Maine and U.S. constitution(s).”

On Monday, former South Portland City Councilor and current state Senate candidate Rosemarie De Angelis, who regularly works with refugees and immigrants, said “undocumented doesn’t mean illegal.”

She added that the general assistance aid offered by municipalities is “limited. (And) it’s ludicrous to say this is part of attacking abusers of welfare. These are people who are here seeking asylum because they are in danger in their country of origin.”

Resident Paul Cunningham also encouraged the City Council to continue providing aid and said, “It’s unimaginable what these people have been through,” just to get to the United States.

And Tess Nacelewicz, another resident, said she came to the United States as an immigrant when her parents came to America following World War II.

“They were economic refugees after World War II,” she said. “I can’t think of a better use for our tax dollars than helping these people become productive citizens.”

Jamie Wagner, a Cape Elizabeth town councilor and civil attorney specializing in asylum law, also spoke in support of the city continuing to provide general assistance during the South Portland Council workshop last week.

In a separate interview, Wagner told the Current he has 50 clients from seven African countries and it is his legal opinion that LePage’s directive is “contrary to the law,” as it denies general assistance to asylum seekers who are “lawfully” in the United States.

“Our international treaty obligations – which have been in place since the 1950s – mandate this,” Wagner added.

According to Wagner, an asylum seeker must wait 150 days after applying for asylum with the U.S. Citizenship and Immigration Services before seeking a work permit.

In Maine, 800 asylum applications are pending, and some of Wagner’s clients have had to wait up to two years before being issued a permit.

“I see general assistance as temporary assistance necessary to help asylum seekers to survive while they await their work authorization,” he said.

Wagner added that all the asylum seekers he knows are eager to work and “they are thankful for the help they get in the transition period.”

Prior to taking a vote on the resolution authorizing city employees to continue to provide general assistance to any and all who qualify, several South Portland city councilors spoke of the humanitarian obligation to help those in need.

“We are responsible for our neighbors, and I am glad this council is willing to continue (general assistance) support,” said Councilor Maxine Beecher.

Councilor Linda Cohen agreed and said that many of the undocumented people seeking general assistance are not in the country illegally, but are asylum seekers that “are trying to contribute to society, they just need a little help along the way.”

Cohen also said that she is thinking about how tax dollars are spent and that continuing general assistance support to anyone who qualifies is the difference between potentially losing $100,000 from the state as opposed to losing $1 million or more in a lawsuit.

“If we can help these people get to the next step in their lives, it’s the best thing we can do,” she added.

And Mayor Gerard Jalbert said, “It’s obvious just looking around this room that we are a nation of immigrants. It’s prudent to stick with our current policy of providing general assistance. We should not turn our back on people in need.”

Following the unanimous vote to continue general assistance support, the council received loud and sustained applause from the audience.

– Staff writer Kayla J. Collins contributed to this report.