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By Dan Gooding and Gabe Whisnant
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The U.S. Department of Labor's Employment and Training Administration issued new guidance today aimed at preventing illegal immigrants from accessing federally funded workforce development programs and grants.
Under the updated policy, all recipients of funding through the Workforce Innovation and Opportunity Act (WIOA) and similar programs must confirm participants have valid work authorization before offering services. The new directive overturns previous guidance from the Biden Administration.
Why It Matters
The Trump administration has been clear that it wants to prevent immigrants without legal status from gaining access to federal and state-level benefits, from health care to work assistance programs like the one targeted Thursday.
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While illegal immigrants can access very few federal programs anyway, the new rules will likely prevent more from accessing taxpayer funded benefits.
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What To Know
The Department of Labor (DOL) said Thursday that it was changing the rules in line with President Donald Trump's executive order "Ending Taxpayer Subsidization of Open Borders," aimed at limiting perceived benefits for those who crossed the U.S.-Mexico border illegally.
Anyone applying for grants under the Workforce Innovation and Opportunities Act will now have to verify work authorization before providing services. DOL staff administering the programs will have to keep documentation updated to ensure participants are legally allowed to work in the U.S.
The WIOA's aim, per government documents on the change, is to prepare job seekers and workers for success in the labor market, whether citizens, permanent residents, or legal visa holders. This is through help while searching for a job, through to work-based learning opportunities.
Checking work authorization is something all employers are meant to do under U.S. immigration law, with the system known as E-Verify. When taking a new job, employees often have to fill out an I-9 form that workplaces use to verify legal status with the government.
The Trump administration, in its efforts to crack down on illegal immigration, has been heavily promoting the system.
What Other Services Are Immigrants Eligible For?
The services and programs open to immigrants varies, depending on an individual's status. If they are only in the U.S. on a temporary visa, then access to services will be far more restricted than for a green-card holder.
Many immigrants pay taxes, meaning they are technically eligible for government services such as SNAP benefits, emergency services and supplemental security income.
However, the Trump administration's "America First" approach will likely mean more restrictions or requirements for accessing programs.
The DOL's move echoes one by Republicans in Congress last month to prevent non-citizens from benefiting from the Small Business Administration's programs. The American Entrepreneurs First Act now means that those applying for funding to start a business must be able to prove citizenship or permanent resident status.
Are Immigrants Eligible for Medicaid?
While not related to the DOL benefits, one of the big questions around benefits given to immigrants is often whether or not they can receive Medicaid.
Undocumented immigrants—i.e. those without legal status—are not eligible for full Medicaid but can receive emergency health care. Those with legal status may have more options available to them, depending on their visa and location.
What People Are Saying
Labor Secretary Lori Chavez-DeRemer, in a press release: "Our updated guidance makes clear that taxpayer-funded workforce services are reserved for individuals who are authorized to work in the United States, as required by federal law. By ensuring these programs serve their intended purpose, we're protecting good-paying jobs for American workers and reaffirming this Administration's commitment to securing our borders and ending illegal immigration."
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