On July 10, the U.S. Department of Education (ED) announced plans to issue a new Notice of Interpretation related to the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). The new interpretation was published in the Federal Register on July 11, and changes which federal programs are classified as providing “federal public benefits” and are thus subject to citizenship verification requirements under that law.  

The notice is in response to the President’s February 19, 2025, Executive Order (EO) 14218, “Ending Taxpayer Subsidization of Open Borders.” It reiterates existing legal requirements regarding the availability of “public benefits” for U.S. citizens and non-exempted nonresidents and advances a new legal interpretation that many postsecondary education programs, including postsecondary programs or activities funded by the Carl D. Perkins Career and Technical Education Act (Perkins V), fall under the purview of the PRWORA. At this time, it does not appear that K-12 programs are impacted. 

Due to this new interpretation, the Trump Administration issued a formal notice to leaders in the education and workforce communities reiterating grantees’ responsibility to ensure “public benefits” are not provided to undocumented immigrants.

Unlike some federal programs, Perkins V funds are not provided directly to individuals, so the administrative burden of determining whether funding is “used to support programs and services that serve illegal aliens” could be quite complex. We are actively analyzing the notice, and will provide more guidance as it becomes available. In the meantime, we encourage you to review the linked documents carefully and consult with your legal counsel with any questions.