PolicyBrief
H.R. 746
119th CongressJan 28th 2025
America First Act
IN COMMITTEE

The "America First Act" seeks to limit federal benefits and assistance for certain immigrants by adjusting eligibility requirements for various programs, including public benefits, healthcare, housing, education, and disaster relief, while also imposing stricter verification and identification requirements. It also reduces funding for sanctuary jurisdictions and restricts refugee resettlement services for certain Haitian immigrants.

Jodey Arrington
R

Jodey Arrington

Representative

TX-19

LEGISLATION

America First Act: Slashing Benefits for Many Immigrants, Starting 2026

The "America First Act" is a sweeping piece of legislation that significantly restricts access to a wide range of federal benefits and programs for many non-citizens, effective largely in 2026. The bill redefines who qualifies as a "qualified alien" eligible for federal assistance, essentially narrowing the scope of eligibility and impacting programs from healthcare to housing. The core purpose is to prioritize U.S. citizens for federal benefits and to deter immigration by individuals who might rely on such assistance.

Cutting Off Access

The bill makes major changes to several key areas. It removes eligibility for many federal public benefits for individuals who aren't considered "qualified aliens," impacting access to programs under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). Specifically, it removes individuals with temporary protected status (TPS), asylum seekers, and those paroled into the U.S. for less than a year from the list of those eligible. This could mean, for example, that a single mother fleeing violence in her home country and seeking asylum in the U.S. would no longer be eligible for crucial assistance like food stamps or housing aid while her case is being processed (SEC. 2).

Who Feels the Squeeze?

Beyond PRWORA, the bill targets specific programs. Head Start, the early childhood education program, will now require citizenship verification, excluding children of parents with certain immigration statuses (SEC. 3). Federal healthcare benefits, including Medicaid, Medicare, and Affordable Care Act tax credits, will be denied to individuals with parole status, DACA, TPS, asylum, and those with withholding of removal (SEC. 4). The bill also restricts access to assisted housing programs and guaranteed housing loans for non-citizens, including those unlawfully present and those with specific immigration statuses (SEC. 5). Even FEMA is prohibited from using funds to assist certain categories of immigrants, including those seeking asylum or with TPS (SEC. 7). For instance, a family that has been in the U.S. on TPS for years and is working and paying taxes could find themselves ineligible for crucial housing assistance if this bill passes.

Tightening the Purse Strings

The bill also impacts funding. It cuts Elementary and Secondary Education Act (ESEA) funding by 50% for any state or local government deemed a "sanctuary jurisdiction" – those with policies that limit cooperation with federal immigration enforcement (SEC. 9). This money would be redistributed to non-sanctuary jurisdictions. Additionally, Community Development Block Grant (CDBG) funds can no longer be used to provide assistance to certain categories of immigrants, and tax-exempt organizations risk losing their tax-exempt status if they use federal funds to support these groups (SEC. 13). These changes could significantly impact communities with large immigrant populations, potentially leading to reduced services and increased strain on local resources. The bill also increases the child tax credit, but adds strict citizenship/lawful presence requirements for the taxpayer and any qualifying children (SEC. 6).

The Big Picture and Potential Problems

One of the most significant overarching changes is the requirement for verification of immigration status for participation in federal benefit programs (SEC. 11). States will be required to verify an individual's status before providing benefits, potentially creating delays and administrative burdens. The bill also specifically targets Haitian immigrants, removing them from certain refugee resettlement and service provisions (SEC. 10). The requirement for Social Security numbers for the child tax credit, while aimed at ensuring eligibility, could also create barriers for eligible families who may have difficulty obtaining the necessary documentation (SEC. 6). Overall, the "America First Act" represents a major shift in how the U.S. approaches benefits and services for immigrants, prioritizing citizens and significantly restricting access for many non-citizen groups. The numerous changes create the potential for increased hardship and administrative complexity, with far-reaching consequences for individuals, families, and communities across the country.