HHS Announces Policy Reversal, Excluding Undocumented Immigrants and Some Lawfully Present Immigrants From Accessing Taxpayer-funded Program Benefits

On July 14, HHS issued a notice reinterpreting the definition of “Federal public benefit” under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. As a result, HHS has identified additional HHS programs now considered to provide “Federal public benefit[s]” including, for example, Head Start and Mental Health and Substance Use Disorder Treatment block grants. HHS Secretary Robert F Kennedy, Jr. stated that the reinterpretation “restores integrity to federal social programs, enforces the rule of law, and protects vital resources for the American people.” On July 22, a group of 21 attorneys general have sued the Trump Administration, asking a court to stop the policy change arguing that the change is unlawful.