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

The America First Act restricts federal public benefits, housing assistance, health care, tax credits, and educational funding for various categories of non-citizens and imposes stricter verification and eligibility requirements across multiple federal programs.

Jodey Arrington
R

Jodey Arrington

Representative

TX-19

LEGISLATION

America First Act Proposes Sweeping Restrictions on Non-Citizen Benefits: New Eligibility Rules for Healthcare, Housing, and Tax Credits

The America First Act proposes a massive overhaul of who can access federal support, significantly tightening the rules for non-citizens across almost every sector of the government. From healthcare and housing to tax credits and school lunches, the bill aims to narrow the definition of a 'qualified alien' and impose stricter verification requirements. For example, Section 2 removes several categories of immigration status that previously allowed people to receive public benefits, while Section 11 sets a hard 30-day deadline for individuals to prove their status before their benefits are suspended.

Health and Home Under the Microscope

The bill introduces major changes to how families access basic needs. Under Section 4, individuals with statuses like DACA, asylum, or temporary protected status would no longer be considered 'lawfully present' for Medicaid, effectively limiting their coverage to emergency services only. This also extends to the Affordable Care Act, where these groups would lose access to premium tax credits and cost-sharing reductions. On the housing front, Section 5 disqualifies units from the Low-Income Housing Tax Credit if they are occupied by 'disqualified individuals,' which includes those with deferred action or asylum status. For a family living in subsidized housing, this could mean a sudden end to their financial assistance, as the bill requires the Secretary to terminate aid for ineligible members without the previous flexibility to defer that action.

Kitchen Table Impacts for Families

Education and nutrition programs for children are also on the line. Section 3 and Section 12 create new hurdles for Head Start, WIC, and free school meals. Even if a child is a U.S. citizen, they could be deemed ineligible for these programs if a parent is unlawfully present or holds a status like DACA. This means a child who currently relies on a school breakfast might lose that meal based solely on their parent’s paperwork. Additionally, Section 6 changes the Child Tax Credit; while it increases the max credit to $2,000, it mandates that every person claimed—taxpayer and children alike—must have a Social Security number and meet strict lawful presence tests, excluding asylees and nonimmigrants.

Shifting Funding and Local Penalties

The legislation doesn't just affect individuals; it targets local governments and non-profits too. Section 9 introduces a 50% funding cut for 'sanctuary jurisdictions'—cities or school districts that the Secretary of Education decides are obstructing federal immigration law. This money would be pulled from local schools and redistributed to other areas. Furthermore, Section 13 puts teeth into these rules for charities: any 501(c)(3) organization that uses federal grant money to provide services or support to certain non-citizens would lose its tax-exempt status. For a local community center or food bank, this creates a high-stakes choice between keeping their federal funding and serving their entire community.