NEW YORK – New York Attorney General Letitia James today led a coalition of 20 other attorneys general in suing the federal administration to stop its unlawful attempt to gut lifesaving health, education, and social service programs for low-income families. Earlier this month, in a chaotic reversal of decades of agency policy, the administration issued sweeping new directives barring many safety net programs from serving all residents, regardless of immigration status. The changes threaten access to core services such as Head Start, Meals on Wheels, child welfare programs, domestic violence shelters, housing assistance, mental health treatment, food banks, and community health centers. Attorney General James and the coalition are asking the court to halt these policies and act quickly to prevent the collapse of some of the nation’s most vital public programs.
“For decades, states like New York have built health, education, and family support systems that serve anyone in need,” said Attorney General James. “These programs work because they are open, accessible, and grounded in compassion. Now, the federal government is pulling that foundation out from under us overnight, jeopardizing cancer screenings, early childhood education, primary care, and so much more. This is a baseless attack on some of our country’s most effective and inclusive public programs, and we will not let it stand.”
Starting on July 10, four federal agencies – the U.S. Departments of Health and Human Services (HHS), Education (ED), Labor (DOL), and Justice (DOJ) – issued a coordinated set of rules and guidance documents reinterpreting the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), a 1996 law governing access to public benefits. For nearly three decades, under both Democratic and Republican administrations, federal agencies interpreted PRWORA to allow states to offer a wide range of essential services without regard to immigration status.
That changed abruptly with new notices issued under the president’s executive order, “Ending Taxpayer Subsidization of Open Borders.” The new policies redefine broad swaths of federally funded programs as restricted “federal public benefits,” now subject to immigration verification. These rules took effect immediately or with little notice, bypassing public input and ignoring real-world consequences. The policies apply not just to undocumented immigrants, but also to some people with legal status, including student visa holders, temporary workers, and exchange visitors. In addition, the attorneys general warn that even U.S. citizens and lawful residents could be denied services, as many low-income individuals lack government-issued identification.
Attorney General James and the coalition argue the policies are already causing significant disruption. The notices started to take effect almost immediately, and state programs face the risks of enforcement, endangering their federal funding. Providers, including those serving children, pregnant patients, refugees, and other vulnerable populations, are ill-equipped to implement the new policies under any timeline. Children in foster care, domestic violence survivors, people leaving homelessness, and many other vulnerable communities could lose access to some of their most critical supports. Although some charitable organizations remain exempt from the requirement to verify immigration status, states and their subgrantees are not. The attorneys general assert that in its rush to inflict harm on immigrant communities, the administration is poised to harm tens of thousands of low-income families, workers, and children, including U.S. citizens and lawful residents.
In New York, the consequences are especially alarming:
The attorneys general argue that the federal government acted unlawfully by issuing sweeping new mandates without following the required rulemaking process, in violation of the Administrative Procedure Act. They also argue the administration grossly misread PRWORA, improperly applying it to entire programs rather than individual benefits, and generally failed to consider the sweeping and devastating impacts these changes would have on states. Finally, they assert the rules violate the Constitution’s Spending Clause, which requires the federal government to provide clear and fair notice of any new conditions on funding before states accept those funds.
Attorney General James and the coalition are asking the court to declare the new rules unlawful, halt their implementation through preliminary and permanent injunctions, vacate the rules and restore long-standing practice, and prevent the federal government from using PRWORA as a pretext to dismantle core safety net programs in the future.
Joining Attorney General James in filing this lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.