President Signs EO Restricting Federal Benefits for Undocumented Immigrants

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On February 19, President Trump an executive order (EO), titled “Ending Taxpayer Subsidization of Open Borders,” directing all executive agencies “to the maximum extent permitted by law” to:

1. Identify all federal benefits (cash and non-cash) for “illegal aliens” and report any improper use to the Department of Justice (DOJ) and the Department of Homeland Security (DHS);
2. Prevent states and localities from using federal funds to support illegal immigration or sanctuary policies; and
3. Strengthen eligibility verification to prevent “any ineligible alien who entered the United States illegally or is otherwise unlawfully present” from receiving federal benefits.

Within 30 days, the White House Office of Management and Budget (OMB) and the Department of Government Efficiency (DOGE) must also “identify all other sources of federal funding for illegal aliens” and recommend policy changes.

The Trump administration uses several terms to describe immigrants affected by this EO, including “illegal aliens,” “unqualified aliens,” and “ineligible alien who entered the United States illegally or is otherwise unlawfully present.” These terms have distinct meanings in the context of immigration policy and public benefits. It remains to be seen how the Administration will implement the EO, including with respect to immigrants who are not undocumented.

Directive to Restrict Federal Benefits. The EO does not directly alter eligibility for any federally funded public benefits. Rather, it calls on federal agencies to take action to prevent “illegal aliens” from benefiting from federal programs, to the extent permissible under federal law. While the accompanying the EO specifically calls out emergency Medicaid services and Federal Emergency Management Agency (FEMA) services as examples of federal benefits received by undocumented immigrants, it does not specify which federal cash or non-cash benefits will be targeted as a result of the EO. Notably, very few federal benefits are currently available to undocumented individuals. The EO will almost certainly instill fear in immigrant communities—including among lawfully present immigrant communities—and deter them from accessing federal benefits for which they are eligible.

Sanctuary Policies. This latest EO builds on the Administration’s earlier EO intended to limit federal funding to sanctuary jurisdictions that decline to advance immigration enforcement actions and the previewing funding cuts and enforcement actions for sanctuary jurisdictions as well as organizations (NGOs) that “support or provide services” to undocumented immigrants. Meanwhile, legislation seeking to change federal law, , has been proposed in Congress.

Eligibility Verification. The EO calls for bolstering eligibility verification systems to ensure that undocumented immigrants do not access federal benefits, but federal benefit programs already have robust and multi-layered verification systems and processes in place to confirm citizenship and immigration status.

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