The Department of Homeland Security is banning states and volunteer organizations that receive federal funds from assisting unauthorized immigrants during disasters, as first reported by The Washington Post on Thursday. The analysis comes from the review of updated guidance and interviews with Federal Emergency Management officials.
The new policy also mandates that groups receiving federal dollars cooperate with immigration authorities and enforcement efforts.
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‘No historical context’
“There is no historical context for this,” Scott Robinson, a FEMA historian at Arizona State University, told the Post. “The notion that the federal government would use these operations for surveillance is entirely new territory.”
Government and aid group officials said the new rules will make it more difficult to help those in need in the aftermath of disasters. They also question whether the policy is constitutional, citing laws that restrict officials from asking about an individual’s legal status.
Constitutional questions
“We see this as a Free Exercise issue under our First Amendment rights,” Peter Gudaitis, the executive director of New York Disaster Interfaith Services, told the Post. “First, the federal government has never attempted to tell the nonprofit sector who we can and cannot serve. Further, as a faith-based organization, we have the right to determine who we serve.”
Faith-based groups, such as the Salvation Army, which manage emergency shelters and provide assistance, traditionally do not ask about religious beliefs, political affiliations or legal status.
In order to receive federal grants and awards, volunteer groups that assist people after disasters must reportedly agree not to “operate any program that benefits illegal immigrants or incentivizes illegal immigration.”
Under the new rules, states must make sure all organizations applying for funds from the federal government have accepted the rules, which include prohibiting state and local governments from withholding information about an individual’s legal status from DHS.
If a state rejects these conditions, it would reportedly be ineligible for disaster relief funds. The rules apply to subcontractors, sub-applicants and applicants.
‘Chilling effect’
“This is likely to have a chilling effect on any undocumented person looking for help,” Robinson said. He also said it may even stop people who fear their legal documentation may be questioned from seeking assistance.
Some nonprofits and disaster response groups worry that the new rules could impact mixed households, in which parents may be unauthorized but their kids may be citizens, meaning they would legally qualify for federal disaster assistance.
The new policy also targets diversity, equity and inclusion, which some are concerned may impact Spanish-speaking members of disaster relief teams that assist in rescue operations.
Impacts remain unclear
National Voluntary Organizations Active in Disaster, an umbrella representative for aid groups, has reached out to the Trump administration for clarification of the rules but has yet to receive a reply at the time of publication.
It’s also unclear how the new rules may impact states like New York, which allow aid workers to register anyone, regardless of whether they are a U.S. citizen or not, as well as states that do not permit workers to inquire about a person’s immigration status.
The latest rule change comes as the Trump administration ramps up screening of immigrants applying for green cards, visas and seeking to become permanent citizens. The White House contends that the effort is aimed at protecting Americans and national security.
