The Department of Health and Human Services (HHS) has limited the ability of immigrants without legal status to access grant-funded benefits by expanding the department’s interpretation of the term “federal public benefit” as it applies to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).
Under the new policy, immigrants without legal status no longer will be eligible for the following federal benefits:
- Health Center program
- Community mental health services block grant
- Certified community behavioral health clinics
- Community services block grant
- Head Start
- Health workforce programs not otherwise previously covered (including grants, loans, scholarships, payments, and loan repayments)
- Mental health and substance use disorder treatment, prevention, and recovery support services programs administered by the Substance Abuse and Mental Health Services Administration
- Projects for assistance in transition from homelessness grant program
- Substance use prevention, treatment, and recovery services block grant
- Title IV-E Educational and Training Voucher Program
- Title IV-E Kinship Guardianship Assistance Program
- Title IV-E Prevention Services Program
- Title X Family Planning Program
It is unclear how this notice impacts immigrants with ‘non qualified’ statuses, such as Temporary Protected Status and Deferred Action for Childhood Arrivals.
This notice does not affect Medicaid eligibility because, except for emergency Medicaid, the program already is considered a federal public benefit under PRWORA guidance.
Importantly, the notice does not change the verification requirements in PRWORA. Nonprofit charitable organizations providing a federal public benefit are not required to determine, verify, or require proof of an applicant’s immigration status, unless specific rules for that benefit require verification.
Regulations and guidance for each program might be needed.
The HHS notice is effective July 14, but the department is accepting comments through Aug. 13.
Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.
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