Democrats Sue to Force Welfare Back Open for Illegal Aliens

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Democrats Sue to Force Welfare Back Open for Illegal Aliens
Andrii Yalanskyi

Over 20 Democrat state attorneys general, led by New York’s Letitia James, have filed a lawsuit demanding that illegal immigrants once again gain access to a wide array of federal social programs. The suit targets the Trump administration’s new Department of Health and Human Services (HHS) policy that bars illegal aliens from accessing benefits including Head Start, mental health services, and federal aid for community clinics.

HHS Secretary Robert F. Kennedy Jr. announced the policy in early July, stressing the need to protect federal programs for lawful residents. “For too long, the U.S. government has diverted hardworking Americans’ tax dollars to incentivize illegal immigration,” Kennedy said. “This restores integrity to federal social programs.”

But Democrats are accusing the administration of cruelty. Their lawsuit asks the court to declare the new rule unlawful, block its implementation, and reinstate the Clinton-era interpretation of the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA)—a law originally meant to limit welfare for non-citizens, but later loosened by Democratic administrations.

James slammed the new policy as “jeopardizing cancer screenings, early childhood education, primary care, and so much more,” by limiting eligibility based on immigration status. She claimed states like New York have built support systems that are “open, accessible, and grounded in compassion”—language that critics say prioritizes illegal aliens over American citizens.

Democrat AGs from California, Colorado, Maryland, Massachusetts, Oregon, and several other blue states joined the legal action. They argue that PRWORA is being misused as a “pretext to dismantle core safety net programs.”

RFK Jr. and President Trump see it differently. They argue that by closing the door on taxpayer-funded perks for illegal immigrants, the U.S. will reduce incentives for unlawful border crossings and refocus aid on Americans in need.

The shift reverses a decades-long trend that began in the late ’90s when the Clinton administration softened PRWORA’s enforcement through HHS regulations. For nearly 25 years, those changes allowed illegal immigrants to access various federal programs, effectively bypassing the law’s original intent.

Now, the Trump administration is using its rule-making authority to realign enforcement with the plain language of the law.

Kennedy’s HHS order restricts illegal aliens from tapping into programs like:

  • Certified Community Behavioral Health Clinics
  • Community Mental Health Services Block Grants
  • Head Start
  • Substance Abuse Treatment and Recovery Programs

Democrats claim the move is heartless. But conservatives argue it’s a long-overdue correction that reflects the will of the people. “We’re restoring the rule of law,” one senior Trump administration official said. “Welfare is for citizens. Period.”

The lawsuit signals that Democrats are once again prepared to use the courts to force their immigration priorities into federal policy. But the administration is betting that the courts—and the American people—will side with enforcement and accountability over sanctuary politics.

The legal battle is just beginning. But for now, the message from the Trump White House is crystal clear: if you’re in the country illegally, don’t expect a welfare check.


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