By Maria Carrasco, NASFAA Staff Reporter
The Department of Education (ED) on Thursday announced that it is restricting undocumented immigrants’ access to federal student aid for career, technical, and adult education programs.
In an interpretive rule issued on Thursday by ED, the department rescinded a Dear Colleague Letter (DCL) from 1997 under the Clinton administration, which allowed undocumented immigrants access to federal public benefits in contravention of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA).
Specifically, in the Federal Register on Friday, ED has determined that federal programs that provide postsecondary education and other similar benefits, including career and technical education (CTE) programs under the Carl D. Perkins Career and Technical Education Act (Perkins V), and adult education programs under Title II of the Adult Education and Family Literacy Act (AEFLA) of the Workforce Innovation and Opportunity Act (WIOA), are federal public benefits subject to the requirements of PRWORA.
The PRWORA defines that “federal public benefits” are eligible to U.S. citizens, U.S. non-citizen nationals, and certain categories of “qualified aliens,” such as those “lawfully admitted for permanent residence,” ED’s Thursday guidance stated.
The Federal Register notice also reminded grantees and subgrantees that they must verify the eligibility of participants. In the press release on Thursday, ED wrote that it has no plans to take enforcement actions against any grantee or subgrantee under PRWORA before August 9, 2025.
“Postsecondary education programs funded by the federal government should benefit American citizens, not illegal aliens,” Education Secretary Linda McMahon said in a statement. “The Department will ensure that taxpayer funds are reserved for citizens and individuals who have entered our country through legal means who meet federal eligibility criteria.”
Publication Date: 7/11/2025
Rebecca S | 7/11/2025 10:23:10 AM
(Me reading the comments disclaimer before commenting) DREAMBOAT DAVID IS BASED
David S | 7/11/2025 9:31:54 AM
Lisa - Yes, exactly. There are millions of Americans who believe every "the illegals are taking all of your Social Security and Medicare and you're paying for them to attend college for free" post their Fox News-addicted uncle sends them on Facebook. This anti-immigrant administration (entirely descended from immigrants themselves) are only too glad to help accelerate the spread of false information, even if by wording something that's accurate in a way to perpetuate the mythology.
Lisa B | 7/11/2025 8:47:03 AM
Does anyone else find that when articles talk about "federal student aid" in the context of undocumented students, it really confuses people outside of higher ed? I often see and hear people assuming it means direct financial aid, and it's an ongoing struggle to clear up that misconception.
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