The Trump administration is expanding its interpretation of a law that prohibits most immigrants residing in the United States from accessing federal public benefits. This new interpretation now includes 13 additional categories of programs, such as Head Start preschool initiatives for low-income children. The U.S. Department of Health and Human Services announced on Thursday that it is revoking a policy that had been in place for nearly thirty years, which previously identified 31 programs as “federal public benefits.” The term is now being interpreted more broadly, encompassing a total of 44 programs.
Health and Human Services Secretary Robert F. Kennedy Jr. stated, “For too long, the government has been using taxpayers’ money to encourage illegal immigration.” This policy change is part of President Donald Trump’s efforts to tighten immigration regulations. While the administration insists that its measures are aimed at undocumented immigrants, they have had repercussions for legal permanent residents and other legally present individuals.
Under the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, most immigrants are already ineligible for programs categorized as “federal public benefits,” such as Medicaid and Social Security. The law classifies legal permanent residents, asylees, and certain other immigrant groups as “qualified,” restricting their access to major benefits for a period of five years. On the other hand, it deems all other immigrants, including those living in the country illegally and individuals on temporary visas, as “not qualified,” barring them from enrolling in most programs altogether.
The law does not specify which programs fall under the definition of “federal public benefits,” leaving the determination to federal agencies managing these benefits. In 1998, HHS issued guidance listing 31 programs that included Medicaid, the Children’s Health Insurance Program, Temporary Assistance for Needy Families, Foster Care, Adoption Assistance, Child Care and Development Fund, and Low-Income Home Energy Assistance Program.
According to HHS, this interpretation erroneously extended benefits to undocumented immigrants. The new policy, set to go into effect upon publication in the Federal Register, will trigger a 30-day public comment period and encompasses an additional 13 program categories. These include resources for substance abuse prevention and recovery, the Title X Family Planning Program, health workforce initiatives, and efforts to support individuals transitioning out of homelessness. HHS noted that this list is not exhaustive and that further guidance will be provided for the affected programs.
