Trump administration revokes Clinton-era rule that gives undocumented immigrants access to federal education funds
The U.S. Department of Education has revoked a Clinton-era policy that allowed undocumented immigrants to access federally funded career, technical and adult education programs.
The change aligns with the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), which restricts federal benefits to U.S. citizens and lawful permanent residents.
The decision follows President Donald Trump’s Feb. 19 executive order directing all federal agencies to eliminate taxpayer-funded benefits for undocumented immigrants.
Agencies must now enhance eligibility verification systems, ensure compliance with federal law and report improper use of benefits to the Department of Justice (DOJ) and Department of Homeland Security (DHS).
The new policy will take effect on Aug. 9, with institutions risking the loss of federal funding if they fail to comply.
“Post-secondary education programs funded by the federal government should benefit American citizens, not illegal aliens,” Secretary of Education Linda McMahon said. “Under President Trump’s leadership, hardworking American taxpayers will no longer foot the bill for illegal aliens to participate in our career, technical or adult education programs or activities. The Department will ensure that taxpayer funds are reserved for citizens and individuals who have entered our country through legal means who meet federal eligibility criteria.” (Related: Trump vows to abolish federal education department.)
The move reverses guidance issued by the Clinton administration in 1997, which, according to Trump’s ED, wrongly exempted certain education programs from PRWORA’s restrictions on federal benefits for non-citizens. That guidance, issued in the form of a “Dear Colleague Letter,” allowed providers to bypass eligibility verification for participants in career and adult education programs.
Department officials say the Clinton-era letter “mischaracterized the law by creating artificial distinctions between federal benefit programs based upon the method of assistance.” Moving forward, the department is instructing education providers to verify participant eligibility under the federal law.
The new interpretation will take effect on Aug. 9. Institutions that fail to comply may risk the loss of federal funding.
Revocation of Clinton-era policy aligns with Trump’s aggressive crackdown on educational privileges of illegals
The executive order outlines several key directives aimed at curbing access to federal benefits by undocumented immigrants.
First, it requires all federal agencies to conduct a thorough review of their programs and identify any that currently permit undocumented individuals to receive benefits. Agencies must then take appropriate steps to bring those programs into compliance with the 1996 PRWORA. Additionally, the order directs agencies to ensure that federal funds provided to states and local governments are not used to support so-called “sanctuary” policies or otherwise facilitate illegal immigration.
To strengthen enforcement, agencies are also instructed to enhance their eligibility verification systems to better exclude undocumented individuals from accessing taxpayer-funded benefits. Finally, any instances of improper benefit use must be reported to the Department of Justice (DOJ) and the Department of Homeland Security (DHS) for appropriate legal action.
The Office of Management and Budget (OMB) and other executive offices have been given 30 days to identify additional funding streams that may support undocumented immigrants and recommend further reforms.
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