DOJ withdrew a 1997 opinion, cutting some lawful immigrants off from federal benefit programs
On December 16, 2025, the Department of Justice's Office of Legal Counsel withdrew a 1997 opinion that had let authorized noncitizens access federal programs funded through discretionary spending despite a 1996 welfare-reform law generally barring their eligibility. The new opinion holds that any federal benefit determined by income or need counts as a restricted "means-tested" benefit regardless of funding source, newly excluding lawful permanent residents and other qualified noncitizens from programs including Medicaid, SNAP, and Temporary Assistance for Needy Families for five years after entry.
