The U.S. Department of Education has announced the cessation of taxpayer funding for illegal aliens in career, technical, and adult education programs. An interpretive rule was issued to rescind a previous directive from the Clinton Administration that allowed non-qualified illegal aliens to access federal public benefits, which conflicted with the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA).
U.S. Secretary of Education Linda McMahon stated, “Postsecondary education programs funded by the federal government should benefit American citizens, not illegal aliens.” She emphasized that under President Trump's leadership, taxpayer funds will be reserved for citizens and legal entrants who meet federal eligibility criteria.
The Federal Register's Notice of Interpretation clarifies that federal programs providing postsecondary education benefits are subject to PRWORA requirements. These include career and technical education programs under Perkins V and adult education programs under AEFLA of WIOA.
Grantees and subgrantees are reminded of their obligation to verify participant eligibility to prevent improper distribution of limited federal funding. This notice responds to Executive Order 14218 titled "Ending Taxpayer Subsidization of Open Borders."
The Notice also withdraws part of a 1997 Dear Colleague Letter that mischaracterized federal public benefits.
Title IV of PRWORA limits "federal public benefits" eligibility to U.S. citizens, permanent residents, and certain qualified aliens. The 1997 letter wrongly exempted some educational programs from PRWORA's scope.
The Department plans to inform all Perkins V, AEFLA, and HEA grantees about eligibility verification through letters. While interpretive rules have no effective dates or binding authority on the public or the Department, they reflect its current stance on compliance with PRWORA. No enforcement actions against grantees or subgrantees under PRWORA are planned before August 9, 2025.
