Press Release  AG Campbell Files Lawsuit To Block Federal Restrictions On Public Benefits

BOSTON — Massachusetts Attorney General Andrea Joy Campbell today joined a coalition of 20 other attorneys general in suing the Trump Administration to stop its unlawful attempt to restrict access to critical health, education, and social service programs. Earlier this month, in a chaotic reversal of agency policy, the administration issued notices prohibiting state safety net programs from serving all residents regardless of immigration status. The change threatens access to critical services like Head Start, Title X family planning, adult education, mental health care, and Community Health Centers. 

"All families, regardless of their citizenship, deserve access to a high-quality education, adequate healthcare, and community support,” said AG Campbell. “The Trump Administration’s abrupt policy change has created chaos and confusion and will limit resources not only for undocumented immigrants, but for lawful residents as well. We will continue to challenge this Administration’s cruel and illegal policies that harm our residents and our crucial state programs.” 

Starting on July 10, 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 that reinterpret the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). The agencies’ new interpretation restricts states from using federal funds to provide services to noncitizens without certain kinds of immigration status – a major shift from long-standing federal practice under both Republican and Democratic administrations. The rules took effect immediately or with minimal notice and affect not only undocumented immigrants, but also some lawful visa holders and, in practice, even U.S. citizens who lack access to formal documentation. 

These new directives are already causing major disruptions. Because the HHS, ED, and DOL rules took effect last week, state programs are now expected to comply immediately, despite having no infrastructure in place to do so. Most providers cannot implement dramatic regulatory changes overnight and, as a result, their federal funding is at risk. Many crucial state programs may now be forced to institute immigration verification measures – including Head Start, Title X Clinics, community health centers, anti-poverty resources, adult education programs, and critical mental health and substance use services – but some providers warn that they will not be able to change their practices no matter how much time and money they have to do so and therefore face the risk of closure.  

In Massachusetts, for example, nearly 96,000 patients are served by Title X health clinics, which are designed to provide low-barrier entry to individuals needing sexual and reproductive healthcare. Under the Administration’s new policy, the state may be required to immediately conduct an immigration verification process, which would be incredibly costly and burdensome on both the provider and patient, and more importantly, would create barriers to treatment for all individuals regardless of immigration status. Without access to treatment, the likelihood of adverse outcomes such as unplanned pregnancies, lack of treatment for sexually transmitted diseases, and undiagnosed cancers are increased.

Additionally, over 44,000 adult learners in Massachusetts utilize career and technical education (CTE) programs funded by federal grant dollars each year. Under the Administration’s abrupt policy change, the state may be required to verify the immigration status of all grant recipients. The administrative costs and burdens of doing so may prove to be prohibitive and discourage state institutions from continuing to engage in the programming. This could result in fewer postsecondary CTE program opportunities for adult students, which could lead to a higher unemployment rate and fewer adults with industry credentials in areas where Massachusetts has significant labor market needs. 

These programs serve broad populations, including U.S. citizens, lawful residents, and new immigrants, and are not designed to collect or verify immigration status. Providers warn that the new rules could deter people from seeking help, lead to service cutoffs, and destabilize systems already stretched thin. Many of these programs, which prevent the spread of communicable disease or promote economic development, exist for the benefit and protection of the broader community, which will be harmed by the effects of the new guidance. 

The lawsuit argues that the federal government acted unlawfully by issuing these changes without following required procedures under the Administrative Procedure Act, and by misapplying PRWORA to entire programs rather than to individual benefits. The changes also violate the Constitution’s Spending Clause by imposing new funding conditions on states without fair notice or consent. 

The coalition is asking the court to declare the new rules unlawful, halt their implementation through preliminary and permanent injunctions, vacate the rules, and restore the long-standing agency practice, and prevent the federal government from using PRWORA as a pretext to dismantle core safety net programs in the future. 

Joining AG Campbell in filing this lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

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