In July, HHS proposed broadening its interpretation of a law that restricts many immigrants living in the United States from receiving federal public benefits.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 aimed to establish a framework for determining immigrant eligibility for federally funded programs. It restricted immigrant access to “federal public benefits.” The interpretation of “federal public benefits” is left to the discretion of federal agencies.

HHS’ expanded interpretation of “federal public benefit” includes 13 additional programs, such as SAMHSA programs and others, as restricted federal public benefits. The new interpretation would prevent certain immigrants and their families from accessing lifesaving care.

In response, ASAM and several national, state, and local organizations submitted comments to HHS expressing strong opposition to the proposed change, as it would severely harm the ability of immigrants to receive SUD care. Confusion around eligibility may also discourage eligible individuals, including U.S. citizen children, from accessing SUD services. Furthermore, requiring proof of citizenship or immigration status before receiving an SUD service may delay that care, increase the risk of privacy and security breaches of personal identifying information, and also impose cost and time burdens on SUD programs.

The groups raised concerns that the new definition would prevent immigrants from accessing SUD-specific services through certified community behavioral health clinics, the Community Mental Health Services Block Grant, SAMHSA, and other sources.