Changes in immigrant eligibility

Policy Updates

Budget Reconciliation Bill: On July 4, 2025, President Trump signed into law a budget “reconciliation” bill, passed by an extremely narrow margin in Congress, with major consequences for millions of families. The law brings additional risks for the country’s immigrant families and their health and well-being, the economy, and state and local budgets, by taking away immigrants’ access to basic health and social services.

HHS Notice on Federal Public Benefits: On July 14, 2025, the U.S. Department of Health and Human Services (HHS) published a notice in the Federal Register that re-interprets the meaning of “Federal public benefit” in the 1996 welfare law. In doing so, the notice restricts eligibility for these programs to a narrow set of “qualified immigrants” and leaves out many lawfully residing immigrants. The changes were originally intended to apply nationwide, but a U.S. District Court issued a preliminary injunction, blocking immigrant eligibility restriction in HHS and DOJ notices in the following 20 plaintiff states and Washington, DC: Washington, DC: Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Wisconsin, and Washington. The immigrant eligibility restrictions in the HHS and DOJ notices do not apply in those states.

U.S. Citizens

There have been no changes in program eligibility for U.S. citizens, regardless of family members’ status, other than a possible exclusion of U.S. citizen children from the Child Tax Credit if their parents do not have social security numbers. Citizens who meet program-specific eligibility criteria like income limits and work requirements otherwise continue to be eligible for all programs.

Lawful Permanent Residents

There have been no changes in program eligibility for lawful permanent residents (LPRs)/green card holders, other than a possible exclusion of children from the Child Tax Credit if their parents do not have social security numbers. LPRs who meet previously established program-specific eligibility criteria like income limits, work requirements, and waiting periods continue to be eligible for these programs.

COFA Migrants

Migrants from Compact of Free Association nations (The Marshall Islands, Micronesia and Palau) can freely enter, reside and work in the United States without a visa. There here have been no changes in program eligibility for COFA migrants other than a possible exclusion of children from the Child Tax Credit if their parents do not have social security numbers, Those who meet program-specific eligibility criteria like income limits and work requirements otherwise have not experienced changes in program eligibility.

Cuban / Haitian Entrants

There have been no changes in program eligibility for Cuban and Haitian entrants, regardless of family members’ status, other than a possible exclusion of children from the Child Tax Credit if their parents do not have social security numbers. Those who meet program-specific eligibility criteria like income limits and work requirements have not experienced changes in program eligibility.

Humanitarian Immigrants

The budget reconciliation bill removed program eligibility for millions of immigrants, including many “humanitarian immigrants.” HHS also published a notice that would limit eligibility for many programs to “qualified immigrants only.” For the purposes of this page, humanitarian immigrants include both:

Qualified Immigrants:  Refugees and people granted asylum or withholding of deportation/removal, and conditional entrants; people granted parole by DHS for at least one year; Cuban and Haitian entrants; Certain survivors of abuse and their children or parents; certain survivors of trafficking (T visa holders)

Not Qualified Immigrants: Survivors of certain crimes (U visa holders), special immigrant juveniles

Health Programs

Medicaid/CHIP (changed under reconciliation bill)

• Humanitarian immigrants other than Cuban Haitian entrants will lose eligibility. Humanitarian immigrants retain their exemption from the 5 year bar when they get their green cards. (Effective October 1, 2026)

Medicare (changed under reconciliation bill)

• Humanitarian immigrants other than Cuban Haitian entrants will lose eligibility even if they or their spouses have worked and paid taxes for the previously required 40 quarters (10 years), until they convert to lawful permanent resident status. (Effective immediately for new applicants and January 3, 2027 for current recipients)

Affordable Care Act (ACA) coverage & Advance Premium Tax Credits (Changed under reconciliation bill)

• Humanitarian immigrants will lose eligibility for premium tax credits, but they will remain eligible for qualified health plans to purchase at full price. (Effective January 1, 2027)

Other Health Programs (Changed under HHS restrictions):

Programs include Community Health Centers, Title X family planning, Head Start, Community Mental Health Services Block Grant, Certified Community, Behavioral Health Clinics, Substance Use Prevention and Recovery Support Services Block Grant

• HHS’s 2025 PRWORA guidance indicates that only qualified immigrants are eligible for these programs. Most humanitarian immigrants are qualified immigrants, but those who are not qualified immigrants will lose eligibility for these programs. However, a U.S. District Court has blocked the guidance from taking effect in 20 states and Washington, DC. This is subject to change.

Nutrition

SNAP (changed under reconciliation bill):

• All humanitarian immigrants except Cuban-Haitian entrants will lose their eligibility for SNAP until they convert to lawful permanent resident status. Humanitarian immigrants retain their exemption from the 5 year bar when they get their green cards. (Effective no later than November 1, 2025 for new applicants and upon recertification for existing enrollees)

Tax

Child Tax Credit (changed under reconciliation bill)

• The child must have a social security number and at least one parent must have a social security number that lets them work in the U.S. (Effective tax year 2025)

American Opportunity Tax Credit (AOTC) and Lifetime Learning Credit (changed under reconciliation bill)

• Social Security Number required in order to claim the AOTC or the Lifetime Learning Credit. If married, both taxpayer and their spouse will be required to have an SSN, as will the student for whom the credit is claimed, if someone else. (Effective tax year 2026)

Early Childhood

Head Start (changed under HHS restrictions)

• HHS’s 2025 PRWORA guidance indicates that only qualified immigrants are eligible, but a U.S. District Court has blocked the guidance from taking effect nationwide. This is subject to change.

Temporary Protected Status

People with temporary protected status (TPS) were already ineligible for many health and social services and will lose access to additional services under new HHS restrictions.

Healthcare

Medicare

• No longer eligible (Effective immediately for new applicants and January 3, 2027 for current recipients)

Affordable Care Act (ACA) coverage & Advance Premium Tax Credits (changed under reconciliation bill)

• People with TPS will lose eligibility for premium tax credits, but they will remain eligible for qualified health plans to purchase at full price. (Effective January 1, 2027)

Other Health Programs (Changed under HHS restrictions):

Programs include Community Health Centers, Title X family planning, Head Start, Community Mental Health Services Block Grant, Certified Community, Behavioral Health Clinics, Substance Use Prevention and Recovery Support Services Block Grant

• HHS’s 2025 PRWORA guidance indicates that only qualified immigrants are eligible for these programs. People with TPS are not qualified immigrants. However, a U.S. District Court has blocked the guidance from taking effect in 20 states and Washington, DC. This is subject to change.

Tax

Child Tax Credit (changed under reconciliation bill)

• The child must have a social security number and at least one parent must have a social security number that lets them work in the U.S. (Effective tax year 2025)

American Opportunity Tax Credit (AOTC) and Lifetime Learning Credit (changed under reconciliation bill)

• Social Security Number required in order to claim the AOTC or the Lifetime Learning Credit. If married, both taxpayer and their spouse will be required to have an SSN, as will the student for whom the credit is claimed, if someone else. Effective tax year 2026

Early Childhood

Head Start (changed under HHS restrictions)

• HHS’s 2025 PRWORA guidance indicates that only qualified immigrants are eligible, but a U.S. District Court has blocked the guidance from taking effect nationwide. This is subject to change.

Deferred Action for Childhood Arrivals

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