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2.0

HHS issues notice excluding undocumented immigrants from additional federal benefits

  1. Original Date Announced

    July 14, 2025

    Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. issued a notice regarding the interpretation of “Federal Public Benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). Programs that fall within that category are only available to citizens and “qualifying aliens.” The notice adds a number of HHS programs to the category, including Head Start, family planning programs, and programs relating to substance abuse, homelessness, and mental health. In doing so, the notice rescinds an interpretation of PRWORA issued during the Clinton administration that had extended eligibility of certain programs to undocumented immigrants.

    The interpretation is effective immediately. Comments are due 8/13/25.

    Trump 2.0 [ID #1845]

    2025.07.10 HHS - Press Release: HHS Bans Illegal Aliens from Accessing its Taxpayer-Funded Program 2025.07.14 HHS - PRWORA; Interpretation of "Federal Public Benefit"
  2. Effective Date

    July 14, 2025
  3. Subsequent Trump and Court Action

    July 21, 2025

    2025.07.21 State of New York et al. v. Department of Justice - Complaint

    New York, along with 20 other states, sued multiple federal agencies to enjoin the Trump administration's new policy of restricting access to public benefit programs, such as Head Start, based on immigration status. The complaint argues that the administration's reinterpretation of PRWORA to impose citizenship requirements on a vast array of previously uncovered federal programs failed to provide notice and an opportunity to comment, is arbitrary and capricious under the Administrative Procedure Act (APA), is contrary to the substantive statutes it purports to interpret and is thus unlawful under the APA, and fails to give states fair notice required under the Spending Clause. State of New York et al. v. Department of Justice et al., 1:25-cv-00345 (D.R.I).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

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Current Status

None

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: Humanitarian
Agencies Affected: HHS

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