Executive actions threaten freezes in state funded programs
The U.S. Secretary of Labor warns state leadership of potential funding losses if they don’t comply with the immigration memorandum and executive order
By Micheala Ely
On April 25, U.S. Secretary of Labor Lori Chavez-DeRemer sent a letter to state governors to warn them against assisting undocumented individuals with unemployment benefits. If the states fail to comply, they will lose federal funding through the Title III Unemployment Insurance Grant, which is housed under the Social Security Act.
President Donald Trump’s Presidential Memorandum “Preventing Illegal Aliens from Obtaining Social Security Act Benefits” and Executive Order 14218 “Ending Taxpayer Subsidization of Open Borders” are meant as a directive for states to follow in regards to undocumented individuals receiving taxpayer funds, including Social Security and unemployment benefits. The letter from Secretary Chavez-DeRemer stated that this should be addressed via the Department of Homeland Security’s immigration database, SAVE, which can be used to ensure that individuals attempting to acquire benefits have the appropriate immigration status.
“Our nation’s unemployment benefits exist solely for workers who are eligible to receive them,” Chavez-DeRemer wrote in the letter. “Unemployment benefits are not a handout for those in our country illegally.”
Under the same executive order, the Department of Housing and Urban Development (HUD) is taking steps to prevent HUD funding from going to states with designated sanctuary cities for undocumented people, which limit the cooperation of local law enforcement with federal immigration authorities. This would prevent these states and cities from receiving funds for public housing and HUD grants. Public housing is available to U.S. citizens and those with eligible immigration status, according to the HUD website.
Secretary of Agriculture Brooke Rollins has stated that the United States Department Agriculture (USDA) will be taking steps to ensure that Supplemental Nutrition Assistance Program (SNAP) benefits will not be received by undocumented individuals. SNAP benefits are only available to U.S. citizens and battered non-citizens, according to the USDA website. The Trump Administration has also threatened to withhold federal funding from states that don’t comply with other executive orders, as well as higher education institutions like Harvard University.
“I am committed to ensuring that the U.S. Department of Labor enforces the law and will personally work to safeguard Americans’ hard-earned tax dollars. I look forward to working with you on this effort,” Secretary Chavez-DeRemer concluded in the letter to governors.
The Washington State Employment Security Department states that undocumented workers must be authorized to work in the U.S. in order to receive unemployment benefits, but may qualify for paid family and medical leave in the case of being seriously ill or caring for someone experiencing serious illness.
Lawsuits have been filed against the Trump Administration due to the funding freezes associated with not complying to the executive orders. As of May 12, there are 38 cases throughout the country that are directly related to the executive orders and actions on immigration, according to the Associated Press. On May 13, Washington and 19 other states filed two separate lawsuits against the Trump Administration for threatening to withhold federal funding if they don’t assist with immigration enforcement.
“The President is once again acting illegally, threatening federal funding cuts without authority,” Washington Attorney General Nick Brown said in a press release. “But the Trump administration cannot retaliate against our state for protecting the rights and dignity of all residents. Our state joined these two lawsuits because the federal funding threats present real and direct harms to our state.”
The state government has been working to address the impacts of potential and current funding freezes through what Governor Bob Ferguson calls the Rainy Day Fund. Funding from the federal government for things like wildfire prevention has been frozen, as well as funding for clean energy programs.
Federal funding makes up 28% of the state budget and with the $16 billion shortfall this year, further investment into this fund was deemed necessary by Gov. Ferguson to address community needs.
