NY State Trying To Restore Welfare Access For Illegal Immigrants

Authored by José Niño via Headline USA,

The Federation for American Immigration Reform (FAIR) recently submitted a federal court brief challenging New York‘s request to restore Trump Administration funding, which was suspended after the state refused to say whether it was still providing public benefits to illegal aliens.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) restricts public benefits to “qualified aliens” exclusively—a category that excludes illegal aliens. PRWORA additionally mandates that states verify they aren’t distributing public benefits to unqualified non-citizens.

Following PRWORA’s passage, then-Attorney General Janet Reno under the Clinton administration issued state waivers exempting them from this verification mandate.

The Trump administration revoked these waivers and currently withholds federal funds from states like New York that decline to verify they aren’t providing public benefits to undocumented immigrants.

FAIR’s legal filing argues the state’s injunction request must be rejected because the federal court lacks jurisdiction to grant such relief.

According to statute, Congress has removed federal court authority to review executive actions where Congress hasn’t established review standards, instead leaving such decisions to executive discretion.

PRWORA grants the Attorney General unreviewable authority to approve or revoke verification requirement waivers.

“For our immigration laws to be enforced effectively, it is essential that the magnet of public benefits be turned off,” declared Dale L. Wilcox, FAIR’s executive director and general counsel.

“Illegal aliens should not receive a pay-off for breaking our laws. Congress understood that very well when it passed PRWORA, and New York’s plea that it be allowed to go on flouting the law is without any legal basis. We hope the court sees that it doesn’t even have jurisdiction to enter an injunction, and denies relief.”

According to Pew Research, there are 825,000 illegal aliens residing in New York. 

The litigation is identified as State of New York v. U.S. Department of Justice, No. 1:25-cv-00345 (D.R.I.).