Justice Department Quietly Reverses Clinton-Era Rule On Immigrant Welfare Benefits

The U. S. Justice Department has recently reversed a legal opinion from the Clinton era that limited when immigrants could be denied federal welfare benefits. This shift is seen as a return to enforcing welfare laws as they were originally intended by Congress in 1996.

• Background of Welfare Reform: The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 aimed to make immigrants self-sufficient and reduce taxpayer burdens by restricting welfare benefits for immigrants in their first five years in the U. S.

• Clinton Administration's Interpretation: A 1997 legal opinion from the Clinton Justice Department interpreted "means-tested" benefits to include only mandatory programs like Medicaid, excluding many income-based benefits. This interpretation allowed many immigrants, including some ineligible ones, to receive welfare benefits that Congress aimed to limit.

• Current DOJ Opinion: The Trump-era Justice Department has withdrawn the 1997 legal interpretation and is asserting that "means-tested" benefits encompass any program tied to income or financial need. This opinion does not immediately change eligibility but opens the door for federal agencies to re-evaluate and potentially revise their policies.

• Potential Implications: The new interpretation could:

• Extend the five-year waiting period for immigrants to access certain benefits.

• Enforce stricter requirements for sponsors to repay the government if the immigrant they sponsored receives benefits.

• Reinstate rules for considering sponsors’ incomes when determining immigrants' benefit eligibility, which have been rarely used.

• Decrease taxpayer contributions toward benefits for immigrants, aligning with the original intent of welfare reform.

The decision marks a significant shift in immigration and welfare policy, undoing a longstanding interpretation that had significant implications. While supporters believe this reinstates the law as intended, critics warn it may reduce support for vulnerable immigrant populations and lead to potential legal challenges. The recent ruling signals a renewed focus on enforcing existing immigration laws. 

https://www.zerohedge.com/political/justice-department-reverses-clinton-era-rule-immigrant-welfare-benefits