Ending Taxpayer Subsidization of Open Borders
TLDR
This executive order strengthens enforcement of the 1996 PRWORA law to prevent illegal immigrants from receiving federal benefits by requiring agencies to identify programs providing benefits to unauthorized immigrants, implement enhanced eligibility verification, refer improper cases to DOJ/DHS, and ensure federal funds don’t support sanctuary policies.
This executive order focuses on restricting federal benefits to illegal immigrants by reinforcing the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).
Enforcement of PRWORA
The order directs federal agencies to identify and restrict programs that currently allow illegal immigrants to receive public benefits, citing the original 1996 law’s prohibition of such benefits.
Agency Requirements
- Federal agencies must identify all programs providing benefits to illegal immigrants
- Agencies must ensure federal payments don’t support sanctuary policies
- Enhanced eligibility verification systems must be implemented
- Improper benefit cases must be referred to DOJ and DHS
Implementation Timeline
The Office of Management and Budget and US DOGE Service have 30 days to:
- Identify all federal funding sources for illegal immigrants
- Recommend actions to align spending with the order’s purposes
The order claims that previous administrations, particularly over the last four years, undermined PRWORA’s original intent. The 1996 PRWORA law was a significant welfare reform that:
- Changed welfare from an open-ended entitlement to time-limited assistance
- Established work requirements for recipients
- Created the TANF program to replace AFDC
This executive order represents a significant shift in welfare policy enforcement by:
- Centralizing enforcement of PRWORA’s immigrant benefit restrictions
- Expanding verification requirements across federal agencies
- Creating new reporting requirements for improper benefit receipt
- Potentially impacting state-federal funding relationships regarding immigration policies
The order maintains standard limitations on executive authority and includes typical provisions about implementation being subject to available appropriations and existing law.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1.
Purpose.
The plain text of Federal law, including the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) (PRWORA), generally prohibits illegal aliens from obtaining most taxpayer-funded benefits. Title IV of the PRWORA states that it is national policy that “aliens within the Nation’s borders not depend on public resources to meet their needs,” and that “[i]t is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits.” But in the decades since the passage of the PRWORA, numerous administrations have acted to undermine the principles and limitations directed by the Congress through that law. Over the last 4 years, in particular, the prior administration repeatedly undercut the goals of that law, resulting in the improper expenditure of significant taxpayer resources.
My Administration will uphold the rule of law, defend against the waste of hard-earned taxpayer resources, and protect benefits for American citizens in need, including individuals with disabilities and veterans.
Sec. 2.
Preserving Federal Public Benefits.
(a) To prevent taxpayer resources from acting as a magnet and fueling illegal immigration to the United States, and to ensure, to the maximum extent permitted by law, that no taxpayer-funded benefits go to unqualified aliens, the head of each executive department or agency (agency) shall:
(i) identify all federally funded programs administered by the agency that currently permit illegal aliens to obtain any cash or non-cash public benefit, and, consistent with applicable law, take all appropriate actions to align such programs with the purposes of this order and the requirements of applicable Federal law, including the PRWORA;
(ii) ensure, consistent with applicable law, that Federal payments to States and localities do not, by design or effect, facilitate the subsidization or promotion of illegal immigration, or abet so-called “sanctuary” policies that seek to shield illegal aliens from deportation; and
(iii) enhance eligibility verification systems, to the maximum extent possible, to ensure that taxpayer-funded benefits exclude any ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States.
(b) Within 30 days of the date of this order, the Director of the Office of Management and Budget and the Administrator of the United States DOGE Service, in coordination with the Assistant to the President for Domestic Policy, shall further:
(i) identify all other sources of Federal funding for illegal aliens; and
(ii) recommend additional agency actions to align Federal spending with the purposes of this order, and, where relevant, enhance eligibility verification systems.
© Agencies shall refer any improper receipt or use of Federal benefits to the Department of Justice and the Department of Homeland Security for appropriate action.
Sec. 3.
General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
© This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE, February 19, 2025.