California Under Investigation for Benefits to Illegal Immigrants
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The Department of Homeland Security is investigating the state of California over allegations that it provided federal benefits to undocumented immigrants.
Why It Matters
At the federal level, immigrants living in the United States illegally are prohibited from receiving benefits, but some states provide them without considering applicants' citizenship status.
The California Cash Assistance Program for Immigrants (CAPI) is a state-funded initiative providing monthly cash benefits to elderly, blind, or disabled legal immigrants who are ineligible for Supplemental Security Income/State Supplementary Payment (SSI/SSP) solely due to their immigration status.
Established in 1998, CAPI aims to support immigrants residing in California. The program provides monthly payments of approximately $1,100 for most qualifying elderly or disabled individuals, and up to $1,900 for eligible couples. For those in nursing home care, benefits can reach nearly $1,500 per month. According to the California Department of Social Services, the state funds CAPI without federal assistance.
A U.S. Immigration and Customs Enforcement (ICE) officers detain a man during an operation in Escondido, California.
A U.S. Immigration and Customs Enforcement (ICE) officers detain a man during an operation in Escondido, California.
Gregory Bull/AP
What To Know
CAPI is under subpoena as part of the investigation. Federal officials allege that the program has facilitated access to benefits for migrants who are ineligible for Social Security due to their immigration status.
The subpoena seeks all records from the Los Angeles County Department of Public Social Services, which oversees the state program, to determine whether ineligible migrants received Supplemental Security Income from the Social Security Administration between January 2021 and the present.
Homeland Security Investigations (HSI) issued a Title 8 subpoena to the L.A. County Department of Public Social Services to request information about program applicants.
"Radical left politicians in California prioritize illegal aliens over our own citizens, including by giving illegal aliens access to cash benefits," DHS Secretary Kristi Noem said in a statement on May 12.
California Governor Gavin Newsom's office said the program is "for individuals with lawful status, legal protections, or those applying for them, including victims of crime and trafficking."
In fiscal year 2024–25, the program supported 16,556 individuals, according to the California Department of Social Services.
Through its subpoena, HSI is seeking a range of records, including applicants' names and dates of birth, copies of their applications, documentation of immigration status, proof of ineligibility for Supplemental Security Income (SSI) from the Social Security Administration, and any affidavits submitted in support of their applications.
One expert told Newsweek the move by DHS is "gift-wrapping" personal data to ICE to carry out President Donald Trump's mass deportation plans.
Legal precedent related to privacy and enforcement issues affecting immigrant populations includes the Ninth Circuit ruling in Peters v. United States, 853 F.2d 692 (9th Cir. 1988), which determined that blanket subpoenas issued by Immigration and Customs Enforcement (ICE) are invalid.
What People Are Saying
Immigration Justice Clinic Director Amelia Wilson, an assistant professor of Elisabeth Haub School of Law at Pace University, told Newsweek: "Anytime ICE has evidence that a person is present in the United States without authorization, that evidence can form the basis of deportation proceedings and detention.
"If successful, ICE's subpoena effort in California will not only reveal residents' immigration status, but their name, date of birth, and current address, essentially gift-wrapping all the information that ICE needs to effectuate a mass deportation operation in that state."
Jason Montiel, a spokesperson at the California Department of Social Services, told Newsweek: "We are reviewing the request regarding the program administered by Los Angeles County."
DHS Secretary Kristi Noem said in a press release: "The Trump Administration is working together to identify abuse and exploitation of public benefits and make sure those in this country illegally are not receiving federal benefits or other financial incentives to stay illegally. If you are an illegal immigrant, you should leave now. The gravy train is over. While this subpoena focuses only on Los Angeles County – it is just the beginning."
What Happens Next
Depending on the findings, the investigation could expand beyond Los Angeles County and lead to further federal enforcement actions.
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