- Health Secretary Robert F. Kennedy Jr. announced the reversal of a 1998 interpretation that allowed illegal immigrants to access certain federally funded programs, citing it as inconsistent with the original intent of federal law.
- The department is reinstating a stricter reading of the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), which prohibits illegal immigrants from receiving most public benefits.
- Programs like Head Start, the Community Services Block Grant, PATH and Title X Family Planning are now classified as "federal public benefits" and will no longer be accessible to individuals in the U.S. illegally.
- The changes are effective immediately to address the "ongoing emergency at the Southern Border" and prevent misuse of taxpayer funds.
- The policy shift follows a February 2025 executive order by President Donald Trump directing all federal agencies to cut off benefits to illegal immigrants and strengthen eligibility verification systems in line with PRWORA.
Department of Health and Human Services (DHS) Secretary Robert F. Kennedy Jr. has announced that the department is rescinding a 1998 policy interpretation that allowed illegal immigrants to access certain federally funded programs.
The original 1998 interpretation provided a narrower reading of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) statute, allowing programs such as Head Start and others to be accessed by illegal immigrants. However, the Kennedy-led HHS said the reading was overly permissive and inconsistent with the original intent of the law. (Related: USDA tightens SNAP eligibility rules to prevent benefits for illegal immigrants.)
"For too long, the government has diverted hardworking Americans' tax dollars to incentivize illegal immigration," Kennedy said on July 10. "Today's action changes that – it restores integrity to federal social programs, enforces the rule of law and protects vital resources for the American people."
Under the updated policy, the department is returning to a broader interpretation of what constitutes a "federal public benefit," as originally defined in the 1996 law. That includes any grants, loans, contracts, licenses or direct assistance programs tied to health care, housing education or welfare services that require proof of legal residency or immigration status.
Programs newly classified as "federal public benefits" include Head Start, a child care and early education initiative for low-income families; Community Services Block Grant, which funds anti-poverty efforts at the local level; Projects for Assistance in Transition from Homelessness (PATH), which supports individuals with serious mental illness; and Title X Family Planning Program, which offers reproductive health services.
The change will limit access to these services for individuals who are in the U.S. illegally, aligning eligibility with those who are U.S. citizens or "qualified immigrants," such as lawful permanent residents, refugees and asylees. This interpretation would take effect immediately to address the "ongoing emergency at the Southern Border of the United States."
Trump orders federal agencies to end government-funded benefits for illegal immigrants
This policy change stems from an executive order issued by President Donald Trump in February.
At the time, Trump signed an order titled "Ending Taxpayer Subsidization of Open Borders," directing federal agencies to identify and revise any programs that "currently permit illegal aliens to obtain any cash or non-cash public benefit" to comply with the PRWORA.
"Title IV of the PRWORA states that it is national policy that 'aliens within the Nation's borders not depend on public resources to meet their needs,' and that 'it is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits.' But in the decades since the passage of the PRWORA, numerous administrations have acted to undermine the principles and limitations directed by Congress through that law," Trump wrote at the time.
Agencies are required to take immediate steps to deny benefits to those not legally authorized to be in the country and to ensure federal funds do not indirectly support sanctuary policies at the state or local level.
Now, the HHS is rescinding the 1998 interpretation of the PRWORA.
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