Congress Further Limits Immigrants’ Access to Public Benefits

Katja Frommer
Attorney

Contrary to popular belief, most immigrants in the United States—including those who are lawfully present or in permanent resident status—are not automatically eligible for federal public benefits, such as welfare, healthcare, disability, housing or food assistance, unemployment benefits, and others.
Unauthorized immigrants and those on temporary work visas are generally ineligible for federally funded benefits. Only “qualified aliens,” which includes lawful permanent residents (LPRs, aka Green Card holders), asylees, refugees, humanitarian parolees, Cuban/Haitian entrants, as well as some victims of trafficking or abuse, and a few individuals who have had their deportation withheld due to a proven risk of persecution, are eligible for federal public benefits. Even LPRs cannot receive federal means-tested benefits such as SNAP or Medicaid until they have maintained LPR status in the U.S. for at least five years or have worked for 40 quarters. However, there have long been limited exceptions for medical care and nutrition assistance for certain groups deemed most vulnerable, such as children, pregnant women, or victims of severe forms of trafficking.
The “One Big Beautiful Bill Act (OBBB),” the tax and spending bill signed into law on July 4, 2025, further limits immigrants’ access to federal aid programs and imposes financial penalties on states that do provide public benefits to certain immigrants. In general, asylees, refugees, TPS holders, DACA recipients, parolees, trafficking victims, and battered spouses/children will be among the groups most affected.
Here are some of the most important restrictions outlined in the OBBB:
- Supplemental Nutrition Assistance Program (SNAP), which provides food benefits to low-income individuals and families, will only be available to qualifying U.S. citizens (USCs), LPRs, Cuban/Haitian entrants[1], and COFA[2]
- The Child Tax Credit (CTC), a federal benefit designed to help taxpayers with the cost of raising children, can only be claimed by parents or guardians who have a Social Security number. An ITIN (Individual Taxpayer Identification Number) will no longer be accepted.
- Medicaid and CHIP, which provide health insurance to low-income individuals and families, and to certain low-income children, as well as Medicare, the federal health insurance program for people age 65 or older and younger people with disabilities, will all be limited to qualifying USCs, LPRs, Cuban/Haitian entrants, and COFA nationals.
- Affordable Care Act (ACA) Premium Tax Credits, the income-based tax credits designed to lower monthly health insurance premiums for qualified individuals on the ACA marketplace, will become unavailable to all immigrants except some LPRs, Cuban/Haitian entrants, and COFA nationals.
- Emergency Medicaid will continue to cover all immigrants—including undocumented individuals—during life-threatening emergencies or severe health crises, including childbirth. Individual states remain free to determine which conditions qualify as emergencies, but the federal government will cap the reimbursement rate, making additional cuts to services likely.
In addition to the OBBB provisions, the Department of Health and Human Services (HHS) intends to redefine the term “federal public benefits” to further limit availability to immigrants. This would mean:
- Head Start, a program that provides free preschool for over half a million children from low-income families, will no longer be considered education but rather a public benefit and thus limited to USCs and qualified aliens.
- Several other programs that were previously available to a wider section of in-need individuals will be available only to USCs and qualified immigrants. These programs include, but are not limited to, career, technical, and adult education, Pell grants, student loans, services for behavioral and mental health, substance abuse, the unhoused, and family planning.
Some of these new eligibility restrictions from the OBBB apply immediately (e.g., for SNAP), while some will take effect over the next 18 months.
Additionally, it is not entirely clear whether the federal benefits listed under the new HHS rule will be available to qualified aliens as previously defined by law (i.e., including asylees, refugees, humanitarian parolees, and trafficked or battered individuals) or whether they will be strictly limited to USCs, LPRs, Cuban/Haitian entrants, and COFA nationals, as spelled out in the OBBB.
Finally, in families with mixed immigration status, household members who become ineligible under the new law will still have their income and resources counted in determining whether eligible family members, such as USC children, qualify for means-tested benefits. Current beneficiaries of any of these programs should check their coverage, stay informed, and gather any documentation they might need for eligibility checks, such as proof of income, U.S. residency, and immigration status.
[1] See https://refugees.org/wp-content/uploads/2022/01/Practitioner-One-Sheet-Haitian-EntrantsFNL.pdf.
[2] Citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau who are residing in the United States. See https://www.uscis.gov/sites/default/files/document/fact-sheets/FactSheetVerifyFASCitizens.pdf.
Sources:
https://www.congress.gov/bill/119th-congress/house-bill/1
https://www.kff.org/tracking-the-medicaid-provisions-in-the-2025-budget-bill/
https://immigrationforum.org/wp-content/uploads/2025/05/OBBA-Update-July-2025.pdf
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