Kansas advocates say recent changes to federal policy that bar many immigrants from accessing certain health services is meant to create worse living conditions for a vulnerable community with limited health care options.
They also say the updated policy is part of President Donald Trump’s wide-ranging crackdown on immigration.
Monica Bennett, legal director for the American Civil Liberties Union of Kansas, told the Kansas News Service that immigrants are being used as scapegoats for rising government spending on health services.
“Someone for people to point to and say, ‘it’s your fault that our health care system doesn’t work properly,’” Bennett said. “This is just another way of making it more difficult for immigrants to exist in our society.”
The U.S. Department of Health and Human Services announced the update to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 last month. Under the new policy, 13 programs will be added to a list of federal public benefits restricted to qualified immigrants. Those who are in the country illegally and some who are here lawfully, like DACA recipients and people with Temporary Protected Status, are no longer able to access these programs.
These programs include community health centers, mental and behavioral health services and educational programs like Head Start.
In 1998, HHS identified the 31 health and social programs restricted to qualified immigrants, including Medicaid, Medicare and the Children’s Health Insurance Program. Now, the list is up to 44 programs, and HHS officials left the door open for new programs being added in the future.
“For too long, the government has diverted hardworking Americans’ tax dollars to incentivize illegal immigration,” said HHS Secretary Robert F. Kennedy, Jr in a news release. “Today’s action changes that — it restores integrity to federal social programs, enforces the rule of law, and protects vital resources for the American people.”
HHS staff said the policy change will result in the federal government saving money. One estimate suggested the savings could lead to $374 million of additional annual funding to Head Start services for U.S. citizens.
In Kansas, advocates warn that leaves immigrants scrambling for services that are, in many cases, more like lifelines than benefits. A 2023 KFF survey showed 30% of immigrant adults use community health centers for health care.
“This policy change further institutionalizes the exclusion of undocumented immigrants from essential health and human services that are vital to community wellbeing, public safety and long-term recovery,” the Kansas Immigration Coalition said in a statement following the rule change.
In addition to barring many immigrants from these services, questions remain about the implementation of the updated policy, like how verification of immigration status may occur. The 1996 law states non-profits are not required to verify the eligibility of applicants for these benefits.
Complexities for service providers appear inevitable, like struggling to adhere to parts of the new policy that conflict with statutory and regulatory requirements. For example, Community Health Centers have an underlying statutory federal requirement to serve people regardless of immigration status.
The decision to update the policy is a response to President Donald Trump’s February executive order to “identify all federally funded programs currently providing financial benefits to illegal aliens and take corrective action.”
A group of Democratic attorneys general from 21 states is suing the Trump Administration over the change.
Noah Taborda reports on health for the Kansas News Service. You can email him at noahtaborda@kcur.org.
The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on health, the social determinants of health and their connection to public policy.
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