Tuberville and Barry Moore applaud RFK Jr order banning illegal immigrants from receiving Head Start and health clinic benefits

July 10, 2025 - WASHINGTON, DC - The U.S. Department of Health and Human Services (HHS) announced that taxpayer-funded program benefits intended for the American people are not be available for persons who are illegally in this country. HHS has formally rescinded a 1998 interpretation of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), issued during the Presidency of William J. Clinton (D), which extended certain federal public benefits to illegal immigrants.

HHS now maintains that for over two decades, that encompassed the presidencies of Clinton, George W. Bush, Barack H. Obama, the first Trump administration, and Joseph R. Biden, the agency improperly interpreted the scope of PRWORA. HHS now maintains that "by allowing illegal aliens to access programs Congress intended only for the American people," violated the law.

"For too long, the government has diverted hardworking Americans' tax dollars to incentivize illegal immigration," said HHS Secretary Robert F. Kennedy, Jr. "Today's action changes that-it restores integrity to federal social programs, enforces the rule of law, and protects vital resources for the American people."

"Thank you @SecKennedy for putting Americans FIRST," Senator Tommy Tuberville (R-Alabama) said on X. "No more tax dollars for illegal aliens."

"Under President Trump, taxpayer-funded benefits are for Americans - not illegal immigrants," said Congressman Barry Moore (R-AL01) on X. "America First, always!"

The new policy asserts that programs serving individuals, households, or families are subject to eligibility restrictions, and clarifies that no HHS programs have been formally exempted under PRWORA's limited exceptions.

This includes Head Start.

"Head Start is reserved for American citizens from now on," the agency wrote in a statement.

HHS says that their preliminary analysis is that by striking the foreign children from the rolls could mean taxpayers savings of as much as $374 million. Since funding levels remain the same – at least in theory – that should mean more benefits will be available for American citizen children.

"Alongside HHS, the Administration for Children and Families (ACF) is committed to providing and protecting resources that serve America's most vulnerable," said Acting Assistant Secretary Andrew Gradison. "Head Start's classification under the new PRWORA interpretation puts American families first by ensuring taxpayer-funded benefits are reserved for eligible individuals."

This is not limited to just Head Start, but includes all programs now classified as "Federal public benefits." This would also include: Certified Community Behavioral Health Clinics, Community Mental Health Services Block Grants, Community Services Block Grant (CSBG), Health Center Program, the Health Workforce Program, and any grants, loans, scholarships, payments, and loan repayments. This also applies to Mental Health and Substance Use Disorder Treatment, Prevention, and Recovery Support Services Programs administered by the Substance Abuse and Mental Health Services Administration, Projects for Assistance in Transition from Homelessness Grant Programs, Substance Use Prevention, Treatment, and Recovery Services Block Grants, Title IV-E Educational and Training Voucher Programs, the Title IV-E Kinship Guardianship Assistance Program, Title IV-E Prevention Services Program, Title X Family Planning Program, and any other federal benefit administered by HHS not specifically named on this list. Additional programs determined to be Federal public benefits will be announced in program specific guidance at a future date.

HHS said that this policy change aligns with long-standing Congressional intent and recent Executive Orders by President Trump, including Executive Order 14218 of February 19, 2025, "Ending Taxpayer Subsidization of Open Borders."

There will be no immediate cost savings from this change as this updated interpretation does not alter funding levels. The reinterpretation of existing law is intended by HHS to ensure "that public resources are no longer used to incentivize illegal immigration."

The notice establishing the revised policy takes effect immediately upon publication in the Federal Register. Americans both for and against this policy change has a 30-day comment period to express their opinions on the record.

https://www.hhs.gov/press-room/prwora-hhs-bans-illegal-aliens-accessing-taxpayer-funded-programs.html

A coalition including the ACLU, Impact Fund, and Head Start associations from Washington, Illinois, Pennsylvania, and Wisconsin have already vowed to challenge the rule in court.

Joel Ryan, the executive director of Washington State's Head Start program, called the directive "cruel and unlawful," emphasizing that Head Start was created to serve low-income families, including immigrants.

Jennie Mauer of Wisconsin's Head Start Association urged providers not to change enrollment policies until legal obligations are clarified.

The ACLU's Jennesa Calvo-Friedman stated that Head Start is an education program, not a restricted benefit, and that the new rule contradicts its statutory purpose.

Migrant-rights groups claim that these changes will disproportionately harm vulnerable children and families, many of whom already contribute to the economy through taxes despite their lacking legal status.

Head Start centers in Alabama have never required proof of immigration status for enrollment. To comply with this rule, providers must verify legal status. Advocates express fears that this could prevent even citizen children of undocumented parents from enrolling due to fear of disclosing the information bringing the family to the attention of ICE enforcement actions. Advocates warn that this could lead to lower enrollment, loss of federal funding, and disruption of services in communities that rely heavily on Head Start.

They warn that families of illegal immigrants may avoid seeking help from schools, clinics, or social services out of fear of deportation or legal consequences.

(A.I. contributed to this report.)