Expanding Exclusions to HHS Benefits
As immigration enforcement continues expanding, HHS changes benefits eligibility
Expanding Exclusions to HHS Benefits
As immigration enforcement continues expanding, HHS changes benefits eligibility
On July 10, U.S. Department of Health and Human Services (HHS) Secretary Kennedy issued a policy further restricting HHS-funded based on immigration status.
Prior Policy
Existing restrictions date to the ‘96 welfare reform law; the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193, PRWORA).
PRWORA already restricts benefits like economic assistance through the Temporary Assistance for Needy Families (TANF) program.
Policy Changes
This new policy expands the scope of programs subject to these restrictions.
The policy provides a non-exhaustive list of newly covered programs, including:
Title IV-E prevention services under the Family First Prevention Services Act;
Title IV-E Kinship Guardianship Assistance Program;
Chafee Education and Training Vouchers; and
Head Start.
Policy Timing & Process
The policy takes effect immediately.
Wonks may wonder how a policy change this substantial can occur without the usual notice and comment process under the Administrative Procedure Act (APA).
Earlier this year, HHS issued a repeal of the Richardson Waiver, ending decades of HHS policy that applied the APA rules to grants, contracts, and benefits.
What’s now changing through PRWORA policy is all about grants, contracts, and benefits; a clear example of what has changed with the Richardson repeal.
Key Considerations
We’ve previously discussed the ways that the risks of policy implementation are rising and devolving to state and local agencies.
Examining this policy in that context illuminates the administrative and fiscal policy questions that emerge when benefits eligibility is part of immigration enforcement.
Agency leaders already facing budgetary headwinds will need new technology systems, training, contracting, and staff time to ensure and prove compliance.
Service providers already working on established contracts will face new costs of business without an increase in resources.
Regardless of your views on immigration policy, these issues will need deliberation.
What Comes Next
HHS is accepting comments through August 13th. Enforcement begins immediately.