New York Law Review

Blum v. Smith, 71 N.Y.2d 884 (1988): State Authority to Aid Needy Aliens Despite Federal Deeming Policies

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Blum v. Smith, 71 N.Y.2d 884 (1988)

A state’s constitutional obligation to aid the needy is not preempted by federal immigration policy when the state provides public assistance to legal aliens, even if a federal law discourages such assistance, as long as the state uses its own funds.

Summary

The New York Court of Appeals affirmed a lower court decision, holding that New York’s constitutional mandate to aid the needy (Article XVII, § 1) was violated by Social Services Law § 131-k(3), which

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