New HUD Policy Borders on Lunacy : * Anti-Immigration Move Will Hurt Social Service Agencies and Charities Most

The federal government can’t fail on the front end to solve U.S. immigration problems and then expect others to clean up the mess later on. That’s why a ruling by the Department of Housing and Urban Development reviewing a Costa Mesa ordinance is shortsighted and unfair. It found that cities could withhold federal grant money from programs that may be helping illegal immigrants.

The ruling places the burden of immigration enforcement on volunteer organizations and programs, which already are under great pressure to fill in the gap between government programs and the day-to-day needs of poor people. It would impose an unreasonable strain on social service agencies that help the needy. Such agencies are not equipped to make immigration status determinations. And it invites discrimination against those who merely look or sound as if they might be foreign-born. That has already happened under federal guidelines requiring employers to make sure their workers have legal working papers.

The same can be expected now to those asking for help from programs that get HUD grants. If allowed to stand, the new policy undoubtedly will result in many charities becoming ineligible for funds, or opting not to apply for them. That would be a tragedy at a time when President Bush has called on private charities to fill much of the gap in services created by government cutbacks.

In the Costa Mesa case, HUD lawyers, acting on an ordinance adopted by the city, ruled that the city fathers could deny funds to charities and other groups unless they pledged not to serve illegals knowingly.

Costa Mesa says it was responding to local concerns that illegals caused crime and other problems in the city, and that they were increasingly attracted to the area by social services programs. But the basic need is there anyway. Last year the city distributed $890,000 in grants from HUD, with about 15% going to charities.

The notion of imposing a test on individuals and families hoping for a bag of groceries, or money for a night’s lodging, or warm clothing violates the very principle of what charity should be. The potential effect of the ruling goes beyond Orange County, where there are an estimated 150,000 illegal immigrants. The ACLU and the National Immigration Law Center in Los Angeles are watching to see if Costa Mesa or other cities follow through to impose restrictions on charitable groups or programs that benefit from HUD grants. If so, a major court test of the ruling can be expected.