The Maine Department of Health and Human Services has responded to a suit filed by the Maine Municipal Association in July that asked for clarity on a state directive that would cut general assistance to illegal immigrants.

A counterclaim was filed by the department this week in U.S. District Court and seeks to force Portland and Westbrook, who signed on to the Maine Municipal Association suit, to stop providing aid to illegal immigrants.

In June, Westbrook had 14 households, with a total of 52 people – including 31 children – who would likely be affected by the rule change.

Republican Gov. Paul LePage told municipalities in June that all state general-assistance funding – not just the portion provided to illegal aliens – would be denied to communities that do not follow his administration’s directive.

He has argued that the directive is to bring Maine in compliance with a federal law that prohibits states from giving aid to illegal aliens. He said that the federal law, passed in 1996, acknowledged that states could make a legislative decision to offer assistance to illegal aliens, but only if they passed new laws.

“The Maine Legislature never passed such a law,” he said.

Following the LePage’s initial announcement, Maine Attorney General Janet Mills, who is a Democrat, told municipalities to ignore LePage’s warnings.

The state reimburses municipalities between 50 and 90 percent of their spending on general assistance, which goes toward food and housing for those in need.

Eric Conrad, Maine Municipal Association’s communications director, said in an email Wednesday that the group wants to stress that it is “not arguing in court that illegal immigrants should receive benefits.” Rather, he said, the intent is to ask the court “if the process used by the administration to change a rule, a rule of law, on this topic was legal and enforceable.”

Conrad added that Maine Municipal Association and its member towns and cities want clarification on whether “a directive, a letter, from DHHS followed by statements” from LePage is enough.

“Is it legally enforceable and defensible, especially knowing that some cities may be sued if they deny these benefits to immigrants who may be illegal, while their asylum documentation is being processed,” he said.