The Trump administration late last week started to crack down on services to undocumented individuals, including certain programs offered through the departments of Education and Labor.
On Thursday, the Education Department (ED) issued a final interpretative rule that effectively prohibits certain ED programs from serving undocumented learners. On the same day, the Department of Labor (DOL) announced new guidance to prevent illegal immigrants from accessing federal workforce development resources and related grants. Other agencies last week issued similar regulations.
New interpretation of law
In its rule, ED outlines how the department will interpret the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), a 1996 law better known as the welfare reform bill. PRWORA generally prohibits “federal public benefits” for non-qualified aliens, which includes most undocumented individuals (including DACA recipients).
The new interpretation replaces a 1997 ED Dear Colleague Letter that took a narrower view of what constituted a federal public benefit under PRWORA.
In its new interpretation, ED states that it now interprets adult basic education programs and postsecondary career and technical education programs (including dual enrollment offered to high school students) as federal public benefits under PRWORA.
While not specifically mentioned in the PRWORA statute, these services are similar in nature to “postsecondary education” benefits that are enumerated in the law, according to ED. Furthermore, they are not part of the “basic education” that is guaranteed to undocumented students under the Supreme Court’s Plyler v. Doe decision.
ED also now interprets “assistance” more broadly, as it previously was considered as assistance provided more directly to an individual or family.
The implication of this interpretation is that these programs must not benefit non-qualified aliens. While there is no affirmative duty for programs to report to ED that they are adhering to this requirement by verifying recipients’ immigration status, the rule states that “this interpretation represents the Department’s current position on the issue and may be referenced when enforcing or monitoring grantee and subgrantee compliance with PRWORA.”
Colleges are advised to consult legal counsel for further guidance.
Effect on WIOA programs
DOL’s Employment and Training Administration issued similar changes to access for Workforce Innovation and Opportunity Act (WIOA) programs. Its new guidance changes prior guidance to clarify and establish that all participant-level services are considered “federal public benefits” under PRWORA. Therefore, grantees must verify work authorization for all participants served by WIOA and related programs.
The guidance applies to programs including WIOA Title I Adult, Dislocated Worker, Youth programs, WIOA National Dislocated Worker Grants, Wagner-Peyser Act Employment Service, Reentry Employment Opportunities, Youthbuild and other programs. It also lists the types of documentations that can be submitted for verification.
“This ensures employers can have confidence that partnering with the workforce system will help them hire workers who are both equipped with the skills to succeed and have the necessary approval to work in the United States,” the department said in a release.
