BALTIMORE — Maryland Attorney General Anthony Brown and a coalition of 20 other states are again suing the Trump Administration.
It all stems from a July 10 policy shift by the U.S. Department of Health and Human Services (HHS) that cuts off tax-payer funded federal assistance to those illegally in the U.S.
The entire change revolves around the Administration's interpretation of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996.
HHS Secretary Robert F. Kennedy, Jr. says the law's been improperly implemented since 1998, when then President Bill Clinton narrowed its scope by extending benefits to illegal immigrants meant for American citizens.
According to Kennedy, there were always eligibility restrictions for such programs, none of which should've been exempted under PRWORA.
One program in particular called Head Start, which offers free early childhood learning for low income families, is among the most impacted by Kennedy's order.
HHS estimates the change could result in American citizens receiving an additional $374 million per year in Head Start services.
“Head Start’s classification under the new PRWORA interpretation puts American families first by ensuring taxpayer-funded benefits are reserved for eligible individuals," said Andrew Gradison, Acting Secretary of the Administration for Children and Families.
Despite Brown and company's claims HHS acted with "minimal notice," in violation of the Administrative Procedure Act (APA), the agency specifically states in their July 10 press release that the policy would be published in the Federal Register with 30-day comment period.
Still the Democratic Attorneys General allege the Administration "misapplying PRWORA to entire programs rather than to individual benefits."
“From food banks to homeless shelters, Title X clinics to Head Start classrooms, the impact would be devastating—especially for children and families already living on the edge," said Brown. "These programs serve broad populations, including U.S. citizens, lawful residents, and new immigrants, and are not designed to collect or verify immigration status. Providers warn that the new rules could deter people from seeking help, lead to service cutoffs, and destabilize systems already stretched thin."
Here is what Title IV of PRWORA says on federal benefit eligibility for illegal immigrants.
Title IV: Restricting Welfare and Public Benefits for Aliens - Declares that: (1) it is a compelling government interest to enact new rules for eligibility and sponsorship agreements in order to assure that aliens be self-reliant in accordance with national immigration policy; and (2) it is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits.
Subtitle A: Eligibility for Federal Benefits - Prohibits Federal public benefits (as defined by this Act) to aliens who are not qualified aliens (as defined by this Act). Stipulates that such prohibition shall not apply to: (1) emergency medical services; (2) certain emergency disaster relief; (3) public health immunizations and treatment of communicable diseases; (4) housing assistance; (5) certain in-kind community services; and (6) Social Security Act benefits under specified circumstances.
(Sec. 402) Makes qualified aliens ineligible (with limited exceptions for refugees, asylees, certain permanent residents, veterans and active duty personnel, aliens whose deportation is withheld, and aliens currently receiving benefits) for: (1) supplemental security income (SSI); (2) food stamps; (3) temporary assistance for needy families; (4) social services block grants; and (5) Medicaid.
(Sec. 403) Makes qualified aliens ineligible (with limited exceptions for refugees, asylees, and veterans and active duty personnel) for Federal means-tested public benefits (as defined by this Act) for the first five years after U.S. entry. Provides a special rule for certain Cuban and Haitian entrant assistance.
(Sec. 404) Requires each Federal agency administering a program covered by this title to post information and provide general notification to the public and program recipients, either directly or through the States, of the requirements concerning alien eligibility for any such program pursuant to this title.
It was this context that prompted President Donald Trump to sign a February Executive Order titles “Ending Taxpayer Subsidization of Open Borders.”
Like many of his previous lawsuits Brown filed in Rhode Island, where its overwhelming majority of Democratic appointed judges almost always side with the States over the federal government.
Although the U.S. Supreme Court last month all but eliminated nationwide injunctions, Brown has continued to sue on APA grounds based on state standing, two avenues the justices left unaddressed.
Many lawsuits have already been overturned by the high court, while others remain in litigation.
