New Interpretation of “Federal Public Benefit” Could Limit Food Access. Here’s what’s happening, what’s not changing, and what you can do.
- PRWORA Act states that ONLY “qualified immigrants” can receive federal public benefits—unless a program is specifically exempt.
What’s Happening?
The federal government is making significant changes that EXPAND the list of programs RESTRICTED for immigrants.
In July 2025, the U.S. Departments of Agriculture (USDA), Health and Human Services, (HHS), Education (ED), Labor (DOL), and Justice (DOJ) announced new immigration restrictions on essential services and benefits by reinterpreting the Federal Benefit definition in the 1996 PRWORA Act.
The new interpretation expands the definition of programs that count as a “federal public benefit.”
This new interpretation sends a harmful message to immigrant communities and creates fear and confusion about using public benefits.
The new interpretation opens the door for future administrations to RESTRICT ACCESS to food assistance, healthcare, housing, and more for millions of immigrants—including many who are lawfully present in the U.S.
These changes don’t cut benefits now, but they lay the groundwork for states or future federal actions to keep people out of essential programs and services.
Key Food Programs Impacted and at Risk of Future Restriction:
- Summer EBT (Sun Bucks)
- WIC (Special Supplemental Nutrition Program for Women, Infants, and Children)
- Food for Seniors (Commodity Supplemental Food Program)
- Fresh Fruit & Vegetable Program
- Special Milk Program
And many additional programs, such as:
- Head Start (early education for young children)
- Community Health Centers
- Family planning programs
- Substance abuse and mental health grants
- Community Services Block Grant
- Adult education, workforce training, and job support programs
These changes DO NOT immediately stop anyone from receiving benefits.
USDA confirmed that school meals must remain open to all eligible children, no matter their immigration status.
Which programs are still available to ALL families, regardless of immigration status?
- School breakfast and lunch (ALL kids can still eat at school regardless of immigration status)
- WIC (Women, Infants, and Children) Families can still use it regardless of immigration status
- CHIP and Medicaid (Medi-Cal in California): Medical coverage for children and pregnant people is still allowed if your state offers it.
- Food Banks and Emergency Health Services
- Services from nonprofits
- Many mental health and community safety programs
There are no new laws or immediate eligibility changes. Families can continue to receive and apply for the benefits that support their families.
Why This Matters?
Immigrant families are a vital part of our communities, and everyone deserves access to food, healthcare, and education.
- These changes can confuse families, even if the rules haven’t changed yet.
- Some people might avoid using services they still qualify for because they are afraid.
- This is called the “chilling effect.” It means fear keeps people from getting food, health care, or help they need—even when they are still eligible.
Nourish California strongly opposes these oppressive actions. We must act now to stop policies that harm our neighbors.
The Department of Health and Human Services (HHS) is accepting public comments on their new interpretation of “federal public benefits” until August 13, 2025, no later than 11:59PM EST (8:59PM PST).
Use our template and action alert to send in your comment – it only takes 5 minutes! You can also submit a comment directly on the Federal Register.
TEMPLATE:
I strongly oppose the new interpretation of “Federal Public Benefit” under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA).
This change will affect millions of immigrants and their families’ ability to access critical food, health, and other safety-net programs. These restrictions harm not only undocumented immigrants but also some lawfully present individuals.
As a [student, parent, advocate, community organizer, community member], I am concerned because… [Add your personal comments here. See below for sample comments]
I ask you to reverse this decision and not move forward with any further guidance, regulations, or other changes that limit access to programs for immigrant families.
To join our movement fighting for a California where everyone, regardless of immigration status, has access to the food they need, join our Food4All Campaign or sign up to get our newsletter
