Five Things to Know About the Executive Order Targeting Immigrants and Federal Assistance Programs

On the evening of Feb. 19, President Trump signed an executive order entitled, “Ending Taxpayer Subsidization Of Open Borders.” This order claims to take aim at undocumented immigrants’ access to social services and other government assistance. However, as NILC noted in our statement, it scapegoats immigrants while doing nothing to address the needs of families.

What Does the Executive Order Require?

The order declares that it aims to defend against the “waste” of resources by reinforcing the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, which excludes immigrants, both documented and undocumented, from many public benefits.

It requires federal agencies to take the following steps:

• Identify programs that allow undocumented immigrants to obtain cash or non-cash public benefits and align those programs with the purpose of the order
• Ensure, consistent with applicable law, that federal payments to states and localities do not facilitate undocumented immigration or sanctuary policies
• Enhance eligibility verification systems (such as those used by states to determine if an applicant is eligible for Medicaid or SNAP) to exclude people who entered the U.S. without authorization
• Refer improper receipt or use of federal benefits to the Departments of Justice and Homeland Security

The Office of Management and Budget (OMB) and Administrator of the United States DOGE Service are further required, within 30 days, to identify other sources of federal funding for undocumented immigrants and recommend agency actions.

Which Services Can Undocumented Immigrants Receive Under Current Law?

NILC has published extensive resources laying out the rules governing immigrant eligibility for federal programs. Under existing law, undocumented immigrants are largely ineligible for federal public benefits, such as the major health care, nutrition, cash and housing programs.

There are limited exceptions for emergency or disaster related services and those protecting life or safety, serving the greater public good. For example, hospitals are required by the Emergency Medical Treatment & Labor Act (EMTALA) to stabilize people experiencing a medical emergency. Hospitals can receive limited reimbursement under Medicaid for otherwise eligible patients with an emergency medical condition, regardless of their immigration status.

Many immigrants who are lawfully residing in the United States are also excluded from public benefits under the 1996 law. Lawful permanent residents (green card holders) and adults who were granted parole for a period of more than one year face a five-year or longer waiting period for major programs like Medicaid, TANF and SNAP.

What Is This Executive Order Trying to Achieve?

Because undocumented immigrants are ineligible for most public benefits, and their eligibility is dictated by statute, these steps appear primarily intended to intimidate immigrants, their family members, and those who serve them. Any new verification requirements could complicate enrollment in public benefits for everyone.

Before receiving public benefits, individuals already must go through eligibility verification systems, such as the SAVE process run by the Department of Homeland Security. This makes it unlikely that undocumented immigrants are receiving benefits for which they are ineligible. The administration has provided no evidence to the contrary. Additional eligibility verification steps would affect every applicant, potentially requiring the tens of millions of Americans who rely on Medicaid, SNAP and other programs to complete additional paperwork and experience delays in receiving help. As we’ve seen in prior efforts to target immigrants, overkill verification requirements will impose burdens and harm on U.S. citizens who may lack government paperwork.

What Are Next Steps?

Aside from the requirements for OMB and DOGE, the order does not set a deadline for agency actions. Previous Trump White House-issued orders already directed agencies to examine undocumented immigrants’ receipt of federal funding. And many nongovernmental organizations that support newly arrived immigrants already have been stripped of their funding. Major changes to how public benefits are determined and delivered would likely require regulatory changes. NILC will monitor policy changes and their impact on communities as they are announced.

What Can Immigrant Advocates and Service Providers Do Now?

Community members should understand that eligibility for public assistance programs has not changed. People who are eligible should continue to apply for and receive services that will improve their health and well-being. Ensuring that all families are healthy, hunger-free, and housed will improve our collective health and well-being.

Advocates, health care and social service providers can document the harm caused by chilling access to critical services. This will help policymakers understand the broader consequences of these threats, misinformation, and punitive policies.

NILC’s resources address some of the questions that immigrants and service providers may have at this time, including Know Your Rights and other resources on eligibility for key groups.

Advocates can also help policymakers understand the harm caused by exclusionary policies and the spreading fear and disinformation that prevents people from accessing social services for which they are eligible by law. With Congress considering further restrictions beyond the extreme current policies, it is critical that we make sure elected officials understand how people, hospitals, food banks, homeless shelters, and local governments will be affected if immigrants do not have access to or are deterred from seeking basic assistance.