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Original Date Announced
December 16, 2025The Department of Justice (DOJ) Office of Legal Counsel (OLC) issued an opinion for the Department of Health and Human Services (HHS) that advises HHS of DOJ's changed legal interpretation of the phrase "Federal means-tested public benefit" in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).
PRWORA generally excludes unauthorized noncitizens from federal public benefits eligibility and institutes a five-year waiting period before authorized noncitizens may be eligible to access federal means-tested public benefits. In 1997, HHS and the Department of Housing and Urban Development (HUD) interpreted "Federal means-tested benefit" to apply only to benefits administered under mandatory federal spending programs, thereby preserving authorized noncitizens' access to benefits administered under discretionary programs. Since 1997, DOJ has found this interpretation permissible.
This OLC opinion rejects the 1997 interpretation and determines that "Federal means-tested public benefit" applies to "any federal public benefit for which the eligibility of an individual, household, or family eligibility unit for benefits, or the amount of such benefits, or both, are determined on the basis of the income, resources, or financial need of the individual, household, or unit—regardless of the funding sources for that federal public benefit." The new interpretation will prevent some authorized noncitizens, including lawful permanent residents, from accessing benefits like Temporary Assistance for Needy Families (TANF), Medicaid, Supplemental Security Income (SSI), and the Supplemental Nutrition Assistance Program (SNAP) for five years after entry.
Trump 2.0 [ID #2208]
2025.12.16 DOJ Memorandum Opinion for DHHS - Interpretation of “Federal Means-Tested Public Benefit” in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996Effective Date
December 16, 2025Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter:Associated or Derivative Policies
Pre Trump-Era Policies
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January 14, 1997
1997 Office of Legal Counsel opinion concluding that HHS/HUD's definition of a federal means-tested public benefit for purposes of PRWORA was permissible and legally binding.
1997.01.14 - OLC Opinion on Proposed Agency Interpretation of Federal Means Tested Public Benefit Under PRWORA
Documents
Trump-Era Policy Documents
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