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July 14, 2025

Trump Administration Announces Significant Changes to Eligibility for Head Start, Adult Education, Career and Technical Education Programs, Among Others

On July 10, 2025, both the U.S. Department of Education (ED) and the U.S. Department of Health and Human Services (HHS) announced new legal interpretations that will drastically alter who can access education, health, welfare, and human services programs. These new interpretations, which represent a dramatic shift in over 20 years of guidance, will establish several new program requirements for federal education and health and human service providers. This new guidance applies to federal education and health and human services programs.applies to federal education and health and human services programs.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) is a federal welfare reform law that limits access to certain government-funded benefits based on citizenship or immigration status. These new interpretations reverse key portions of prior guidance issued in the late 1990s and signal stricter expectations for verifying immigration and citizenship status in federally funded programs other than basic K–12 education.

Together, ED and HHS’s notices reflect a unified federal position that:

  • Adult education, postsecondary education, and career and technical education programs funded through ED are now explicitly subject to PRWORA limitations.

  • A broad array of health, welfare, education, and human services programs funded by HHS—including Head Start—are likewise classified as “Federal public benefits” under PRWORA, subject to eligibility and verification requirements.

Key Updates from ED

ED’s interpretive rule, published in the Federal Register on July 11, 2025, states that:

  • Plyler v. Doe, 457 U.S. 202 (1982), which guarantees all children access to free public K–12 education regardless of immigration status, does not apply to adult or postsecondary education programs.

  • Non-qualified alien adults are not eligible for federally funded adult education or postsecondary education benefits.

  • Non-qualified alien children are not eligible for career and technical education benefits, including dual enrollment and early college programs, unless such benefits are provided as part of a “basic public education” under Plyler.

  • Programs specifically affected include:

    • Title II of the Workforce Innovation and Opportunity Act (WIOA)

    • The Carl D. Perkins Career and Technical Education Act (Perkins V), except when those funds are used to serve minors enrolled in secondary school programs.

Key Updates from HHS

HHS’s notice was published in the Federal Register on July 14, 2025. The notice:

  • Identifies a revised and expanded list of HHS programs deemed to provide “Federal public benefits,” including but not limited to:

    • Head Start

    • Title X Family Planning Program

    • Child Care and Development Fund

    • Medicaid (except for emergency medical care)

    • Medicare

    • Community Health Centers and related grant programs

  • Clarifies that these programs must apply PRWORA’s citizenship and immigration verification requirements unless a statutory exemption applies.

  • Applies this interpretation immediately, including during a 30-day public comment period.

Notable Exemptions and Clarifications

  • K–12 public schools remain obligated to serve all students regardless of immigration status.

  • ED’s interpretive rule reiterates the existing statutory exemption for charitable nonprofits administering federal benefits under 8 U.S.C. § 1642(d). HHS’s notice does not expressly address this exemption.

  • Verification-related costs may be incorporated into grant budgets as indirect or administrative costs under 2 CFR Part 200.

Impact on Federal Grantees and Service Providers

  • Grantees under WIOA, Perkins V, and HHS programs identified as “Federal public benefits” must update eligibility and verification procedures to align with PRWORA requirements.

  • This includes implementing citizenship or immigration status checks before providing covered services or benefits, unless the program is explicitly exempt.

  • HHS and ED emphasize that the new interpretations override prior guidance, including the 1997 Education Department Dear Colleague Letter and the 1998 HHS PRWORA Notice.

How Sligo Law Group Can Help

  • Advising education agencies and nonprofit grantees on updating program eligibility policies to comply with PRWORA.

  • Assisting with the development or review of citizenship and immigration verification procedures for federal education, workforce, or human services programs.

  • Reviewing grant agreements, policies, and procedures to ensure proper treatment of verification-related costs under 2 CFR Part 200.

  • Providing federal regulatory compliance training to staff administering affected programs.

For questions or to discuss your organization’s specific obligations under these new interpretations, please contact Sligo Law Group at contact@sligolawgroup.com or (202) 888-2084.

Note: The above summary is for informational purposes only and does not constitute legal advice nor does it create an attorney-client relationship. Every situation is unique; for advice on your particular circumstances, please contact us at contact@sligolawgroup.com.