- Applicant names and dates of birth
- Immigration status documentation
- CAPI application forms
- Proof of SSI ineligibility from the Social Security Administration
- Affidavits supporting applicants’ eligibility
If evidence reveals that ineligible individuals obtained benefits, the state and its agencies could be exposed to legal liability under the False Claims Act or be compelled to reimburse federal funds. Legal analysts also warn of potential exposure to federal criminal statutes involving conspiracy, fraud, or unauthorized use of federal resources.
From an insurance standpoint, this development could upend the coverage landscape for public entities. If wrongdoing is found, any civil penalties or settlements stemming from this probe may not be covered by municipal liability insurance policies, which often exclude intentional or criminal acts.
“This investigation should prompt every county in California to review their liability exposures,” said one municipal risk advisor. “If the state is found complicit in violating federal benefit rules, not only will it face political fallout—but the financial impact could be staggering.”
It’s unclear whether California’s self-insured governmental risk pools would be forced to absorb these losses or deny claims under exclusions for willful misconduct or illegal acts.
President Trump’s recent executive order—signed just weeks ago—prohibits undocumented immigrants from receiving Social Security benefits, including SSI. It also authorizes DHS to pursue enforcement against jurisdictions found to be facilitating such violations.
Legal observers suggest the executive order could be used to justify civil or even criminal enforcement against local government officials who knowingly circumvent federal law.
California Governor Gavin Newsom, a vocal critic of the Trump administration, has long defended CAPI as a “compassionate and necessary” program. However, legal experts argue that compassion must still align with federal law.
And this may just be the beginning. Secretary Noem made it clear that the subpoena targeting Los Angeles County is only the “first phase” of a broader federal sweep.
Expect other Democrat-led states with similar programs—such as New York and Illinois—to be placed under the microscope in the coming months.
In the meantime, federal watchdogs, state auditors, and insurance underwriters alike will be watching closely to see whether California attempts to challenge the subpoena or comply under legal protest.
📢 For a deeper dive into the legal strategies behind this investigation—and to access exclusive templates for FOIA requests and whistleblower filings—join me on Patreon at Legal Insights and Strategies by Samuel Lopez.
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