On Thursday, July 10th, the U.S. Department of Education announced it will no longer allow illegal immigrants to access federally funded postsecondary education programs, reversing a decades-old policy from the Clinton administration. The decision is presented in the form of a new interpretive rule, clarifying that career, technical, and adult education programs are subject to federal restrictions on public benefits.
The Department emphasized that under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), federal public benefits, including postsecondary education, are limited to U.S. citizens, permanent residents, and certain qualified non-citizens. The interpretive rule directly challenges a 1997 Dear Colleague Letter that exempted some education programs from PRWORA’s eligibility requirements.
U.S. Secretary of Education Linda McMahon emphasized that postsecondary education programs funded by the federal government should primarily support American citizens. She stated that, under the current administration, taxpayers “will no longer foot the bill” for illegal immigrants participating in career, technical, or adult education programs. McMahon said the Department will ensure funds go only to those who entered the country legally and meet federal eligibility rules.
The Department’s updated interpretation applies to programs funded under the Higher Education Act (HEA), the Carl D. Perkins Career and Technical Education Act (Perkins V), and Title II of the Adult Education and Family Literacy Act (AEFLA), which operates under the Workforce Innovation and Opportunity Act (WIOA).
The notice, published in the Federal Register, reminds education grantees and subgrantees of their obligation to verify participant eligibility and ensure federal funds are not used for services benefiting undocumented immigrants. Although the interpretive rule is not legally binding, it represents the Department’s current stance and will guide future compliance reviews.
The policy reflects Executive Order 14218, signed by President Donald Trump, which seeks to eliminate the use of taxpayer funds for services provided to undocumented immigrants. Implementation of the new interpretation is set to begin on August 9th, 2025.
This latest action marks a continued shift in federal education funding policies as the administration intensifies efforts to limit public benefits to U.S. citizens and legal residents.
