Democratic members warn HHS: Revoking immigrant health benefits puts everyone at risk

WASHINGTON – Representatives Linda T. Sánchez (D-Calif.), Raul Ruiz (D-Calif.), Greg Casar and 22 of their Democratic colleagues today called on Health and Human Services Secretary Robert F. Kennedy Jr. to reject a proposal that would strip certain benefits from eligible immigrants, warning that such a move puts everyone at risk.

“The immigrants who use these benefits are members of our communities – they are our neighbors and our friends,” the members wrote. “This unnecessary and cruel change in interpretation represents one more attack on immigrant communities that will harm all of us. Instead of focusing on fixing the problems it caused by stripping millions of Americans of their healthcare to finance tax cuts for the wealthy, this Administration is prioritizing its extreme immigration agenda over our collective well-being.

Many immigrant groups are ineligible for “federal public benefits” under thePersonal Responsibility and Work Opportunity Reconciliation Act.  However, for nearly 30 years, federal agencies have said that programs intended for the good of the community are not restricted and that everyone can access these vital services. This includes coverage for emergency medical conditions, disaster relief, testing and treatment of communicable diseases and immunizations that benefit everyone. 

The Trump administration has proposed reclassifying more than 13 programs as “federal public benefits,” therefore ensuring that they will no longer be available to many immigrants.

In addition to Sánchez, Ruiz and Casar, the letter was signed by Representatives Hank Johnson (D‑Ga.), Eleanor Holmes Norton (D‑D.C.), Adriano Espaillat (D‑N.Y.), Rashida Tlaib (D‑Mich.), Paul Tonko (D‑N.Y.), Salud Carbajal (D‑Calif.), Ilhan Omar (D‑Minn.), Danny Davis (D‑Ill.), Nydia Velázquez (D‑N.Y.), Terri Sewell (D‑Ala.), John Garamendi (D‑Calif.), Yvette Clarke (D‑N.Y.), Janice Schakowsky (D‑Ill.), Teresa Leger Fernández (D‑N.M.), Juan Vargas (D‑Calif.), Suzan DelBene (D‑Wash.), Adam Smith (D‑Wash.), Shri Thanedar (D‑Mich.), Doris Matsui (D‑Calif.), Jerrold Nadler (D‑N.Y.) and Judy Chu (D‑Calif.).

The members submitted this comment letter on the proposed rule to Secretary Kennedy as part of the public comment period, which is open until August 13.

Full text of the letter is available here and follows:

August 1, 2025

The Honorable Robert F. Kennedy, Jr. 
Secretary
U.S. Department of Health and Human Services 
200 Independence Ave SW 
Washington, DC 20201 

Dear Robert F. Kennedy, Jr., 

We write to express our strong opposition to the Department of Health and Human Services’ (HHS) notice rescinding the longstanding interpretation of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).

PRWORA only allows for a narrow list of “qualified” immigrants to access what the law defines as “federal public benefits.” It also grants specific exemptions for the treatment of emergency medical conditions, disaster relief, testing and treatment of communicable disease symptoms, and immunizations, among others. Federal agencies have determined which programs under their jurisdiction are “federal public benefits” and which are either outside of the definition or are otherwise exempt from restriction. For nearly thirty years, federal agencies have explained that programs intended for the good of the community are not restricted – meaning that everyone may have access to these vital services. 

This new proposed change in guidance specifically classifies over thirteen new programs as “federal public benefits,” therefore ensuring that they will not be available to individuals with Temporary Protected Status, individuals with non-immigrant visas, DACA recipients, immigrants with valid work authorization documents, or undocumented immigrants. 

As the notice acknowledges, PRWORA states specifically that non-profit organizations are not required to verify or determine eligibility when providing these vital services. Yet government agencies that administer a non-exempt program may also be subject to this requirement. If social services staff are required to spend their time processing additional paperwork instead of serving their communities, this new interpretation would cause irrevocable harm for all individuals, regardless of their status. Many U.S. citizens, particularly survivors of crime or natural disasters, homeless individuals, seniors, people with disabilities, and low-income individuals may lack proof of their status. Imagine being required to bring a birth certificate to get care at a Community Health Center, or to provide a Social Security card to access mental health services. As this Administration adds burdensome work requirements and other barriers to services in the One Big Beautiful Bill Act, this will increase red tape exponentially for service recipients and providers. 

In a dramatic departure from almost thirty years of policy, this guidance would deny services to otherwise eligible individuals who need them. Children who receive education through Head Start, students who utilize health workforce programs, individuals who rely on federally funded substance use treatment, and countless others will lose these benefits with little to no warning. The immigrants who use these benefits are members of our communities – they are our neighbors and our friends. This unnecessary and cruel change in interpretation represents one more attack on immigrant communities that will harm all of us. Instead of focusing on fixing the problems it caused by stripping millions of Americans of their healthcare to finance tax cuts for the wealthy, this Administration is prioritizing its extreme immigration agenda over our collective well-being. 

Sincerely,

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