
HHS policy bars undocumented immigrants from some health programs
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HHS policy bars undocumented immigrants from some health programs
The new rule is in response to a law passed in 1998. It applies to certain federal programs, such as Head Start, that are funded by the federal government. The new rule will take effect after a 30-day grace period, according to the Department of Health and Human Services. The law was passed to prevent illegal immigrants from getting federal benefits. The rule will apply to all federal programs that provide health care, education and other services to the public, not just Head Start and other federal programs.
HHS said in a statement the new restrictions restore compliance with a 1996 law known as the Personal Responsibility and Work Opportunity Reconciliation Act, which was interpreted in 1998 to extend availability of certain public health programs to undocumented immigrants.
Kennedy said in a statement the federal government improperly interpreted the scope of that law for more than two decades but now will comply with the law in administration of relevant federal benefits.
“For too long, the government has diverted hardworking Americans’ tax dollars to incentivize illegal immigration,” Kennedy said. “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.”
Specifically, HHS changes the interpretation of the law by applying a plain-language definition of “federal public benefit” and affirming that certain programs are subject to eligibility restrictions.
HHS has made public a proposed rule to enact the new restrictions. The notice establishing the policy is set to take effect immediately upon publication in the Federal Register and has a 30-day comment period, the statement says.
“The Department anticipates that numerous unqualified aliens will no longer receive benefits under Federally funded programs due to this notice,” the rule says. “This is a necessary result of the Department’s obligation to comply with the law. It is also necessary to remedy the corresponding harm of the denial of limited benefits to those U.S. citizens and qualified aliens who otherwise would receive benefits to which they are entitled, but for them being provided to unqualified aliens.”
For Head Start, the proposed rule lays out its determination on why migrants should be barred from Head Start, calling it similar to benefits explicitly excluded under the text of the law.
“At the very least, the 1998 Notice wholly fails to explain why a program like Head Start would not fall within the term ‘other similar benefit,’” the rule says.
The complete list of newly restricted programs as provided by HHS now classified “Federal public benefits” is below, although the department says the list isn’t exhaustive:
Source: https://rollcall.com/2025/07/10/hhs-policy-bars-undocumented-immigrants-from-some-health-programs/