Undocumented immigrants barred from Head Start, other federal benefits

• But HHS is taking the additional step of rescinding a 1998 notice that defined certain publicly-funded programs like free preschool and accessible health clinics in a way that allowed undocumented immigrants to use them.

Where it stands: Head Start, federally funded health centers, mental health and substance use disorder treatment programs and block grants, the Title X family planning program and nine others programs will now be considered federal benefits.

• Additional programs could be added to the list, HHS says.

Zoom out: The change follows a February executive order from President Trump directing federal agencies to tighten restrictions on undocumented people's access to taxpayer-funded benefits.

• Undocumented immigrants paid $55.8 billion in federal taxes in 2023, according to the American Immigration Council.

What they're saying: "This decision undermines the fundamental commitment that the country has made to children and disregards decades of evidence that Head Start is essential to our collective future," Yasmina Vinci, executive director of the National Head Start Association, said in a statement.

• "The Head Start Act has never required documentation of immigration status as a condition for enrollment over the last 60 years," she said.
• "Attempts to impose such a requirement threaten to create fear and confusion among all families who are focused on raising healthy children, ready to succeed in school and life."

Context: Congress in 1996 passed a welfare reform law that stipulated that undocumented immigrants aren't eligible for federal public benefits, with a narrow set of exceptions.

• The law defines federal public benefits as retirement, welfare, health, disability, housing assistance, postsecondary education, food assistance, unemployment benefits and similar benefits where federal assistance is provided to an individual, household or family.

• It also includes grants, contracts, loans and licenses provided by a federal agency or with federal funds.

HHS is now saying that the Clinton administration "impermissibly" allowed exemptions to the law, including for benefits that are targeted to communities in general, rather than requiring individual eligibility.

The policy change won't alter funding levels for the programs but it "ensures that public resources are no longer used to incentivize illegal immigration," per an HHS news release.

• For Head Start, the change is expected to free up about $347 million annually, but will cost an estimated $21 million a year in time spent by individuals seeking to use the benefits and those who have to review program eligibility.

The changes are effective immediately, though HHS is accepting public comment for 30 days, per the notice.

• "Any delay would be contrary to the public interest and fail to address the ongoing emergency at the Southern Border of the United States," HHS's notice says.