Illegal immigrants working on the Gulf Coast will not be able to claim for economic losses they suffer as a result of the BP oil spill, according to Kenneth Feinberg, the administrator of BP’s $20bn claims fund.
Mr Feinberg, who will take over the administration of the claims process from BP, is now drawing up parameters for assessing claims, which have been flooding in since his appointment 10 days ago.
“I think it’s very difficult for the fund to engage in any programme that violates federal law,” Mr Feinberg told the Financial Times. “I don’t think the fund can be in a position to be paying compensation [to illegal immigrants].”
But his position on illegal immigration is at odds with his treatment of 11 families whose relatives were killed while working at the Windows on the World restaurant at the top of the World Trade Center. Mr Feinberg, who oversaw compensation to the 9/11 victims, awarded the families sums between $875,000 and $4.1m.
When Congress created the $7bn victims’ fund, it explicitly incorporated foreigners, including illegal immigrants.
Mr Feinberg at the time encouraged people to come forward, telling illegals not to fear punishment.
The mediator said that the 9/11 situation was different because Congress had passed a waiver so that illegal immigrants could be included.
BP said it had no say on the matter. “It is [Mr Feinberg’s] decision as he is the administrator of the fund,” said David Nicholas, a company spokesman.
Illegal immigration is an increasingly sensitive political subject in the US, with pressure rising on the Obama administration to reform laws and in particular quell the flow of people from Mexico to the southern states.
At least one Louisiana official – Jack Stephens, the sheriff of St Bernard Parish – has asked the federal authorities to investigate whether illegal immigrants are helping with the Gulf clean-up.
Mr Stephens wanted to protect the community from “criminal elements”, he told local media.
BP has been hiring legions of temporary workers to help clean up the oil from Gulf coast beaches, some of whom have reported health problems.
However, Bill McCollum, Florida’s attorney general and a Republican gubernatorial hopeful, recently said that BP was screening these workers to avoid hiring illegal immigrants.
