WELFARE LOOPHOLE FOR CHILDREN OF ILLEGALS

More than $1 billion of 1995's welfare payments went to children of illegal immigrant families because some of their children are U.S. citizens.

Although a child born within the United States to an illegal immigrant automatically becomes a citizen, "when such a child receives assistance, the aid also helps support the child's family, raising concerns about the use of public assistance by those illegally in the United States," said congressional auditors in a report last month by the General Accounting Office. The Republican controlled Congress requested the study as part of last year's welfare overhaul, which restricted direct access to public benefits by illegal immigrants but didn't deny benefits to their citizen children.

"It's obvious that there's a huge loophole in immigration law," said U.S. Rep. Lamar Smith, R-Texas, among supporters of legislation that would require children to have at least one citizen or legal resident parent to be born citizens. Payments to citizen children of illegal immigrants accounted for about 3 percent, or $700 million, of all benefits paid in fiscal 1995 under the welfare program known as Aid to Families with Dependent Children.

This is the sort of abuse, of which there are so many, that resulted in the overwhelming impetus for welfare reform in the first place. Smith and other of his colleagues will likely receive a lot of support and encouragement from those who want to see this redressed.

Of concern is the question of who spends the money after the welfare check is cashed. Young children of illegal immigrant don't make those spending choices, the parents -- illegal immigrants -- do. And the money isn't always spent on the best interests of the children. It is a complicated issue, but it is one worth looking into.