Gov. Paul LePage has at least one supporter in his efforts to limit state financial assistance to only those legally permitted in the country. The Boothbay Board of Selectmen voted unanimously on July 9 to begin verifying an applicant’s immigration status before giving aid. The selectmen concluded it was a logical enforcement mechanism to ensure that only those legally permitted in the U.S. should receive assistance.

The board likened it to when a person applies for a employment. A job applicant is required to show multiple identification forms.

The board also voted to notify the Maine Municipal Association that it opposed the body's decision to challenge the new general assistance guidelines in court. The selectmen directed Town Manager James Chaousis to write a letter stating the board's dissatisfaction.

Selectman Chuck Cunningham said he was “extremely disappointed” with the MMA challenging the ruling in Maine Superior Court.

“There is right and there is wrong,” Cunningham said. “And you know I don't agree with the governor very often, but I do this time.”

Chaousis expects the new GA guidelines to be in place by January. The town will ask for a birth certificate, passport, Social Security number or any other legal means in verifying an applicant’s status. The state will conduct audits to see if municipalities are following the new guidelines. Municipalities face losing the entire state general assistance subsidy for failing to comply with the new regulations.

General Assistance provides temporary financial support to those unable to afford necessities such as heat, housing, food and utilities. The program is funded through a combination of state and federal dollars, but its administered through municipalities. The state reimburses municipalities between 50 to 90 percent for general assistance costs.

Maine’s three largest cities — Portland, Lewiston and Bangor — have said they won't comply with the new regulations. Chaousis said the governor's mandate would hardly impact small towns like Boothbay at all. In fiscal year 2014, Boothbay paid out $3,673 in general assistance. And in fiscal year 2013, it paid out $12,953.

“A city like Portland, which pays out $3 million is going to be hurt the most,” Chaousis said. “The only impact locally will be an elderly person who can't put their hands on a birth certificate. Once they're denied or told to come back, they rarely do.”

The new General Assistance guidelines from the Department of Health and Human Services direct each municipality’s General Assistance administrator to verify an applicant’s immigration status before giving any aid.

LePage sent a letter to municipalities notifying the town officials about the new guidelines. The town of Boothbay didn’t receive LePage’s letter, but Chaousis said he discussed the letter with a neighboring town manager. In his letter, LePage said he was “simply enforcing a 1996 federal law barring states from giving assistance to undocumented immigrants.”

Boothbay did receive a letter from the MMA explaining its decision to seek a court ruling about the new regulations.

In the letter, MMA Executive Director Chris Lockwood said the legal action should not be construed as a response to the political controversy swirling around General Assistance, but to the “untenable position” that GA administrators have been placed in.

“There is no indication that the dilemma confronting municipal officials that has been generated by sharply conflicting instructions from state government will be resolved among various state entities at least any time soon,” Lockwood wrote.

Chaousis is a member of the MMA's execuive committee, which initiated the legal action against the state. Chaousis said he cast the lone vote in opposing challenging the new regulations in court. However, Chaousis agreed with the executive committee's assertion that LePage didn't follow the proper procedure in implementing a new set of rules.

“What bothers me is that the decision was made out of the normal rule-making process. There was no hearings or legislative process,” he said.

Attorney General Janet Mills said the 1996 federal legislation represented an overreach of congressional authority over the states. She added that the federal law has no enforcement mechanism or has been tested in the courts.