Immigration restriction group argues states cannot flout federal law…
The Federation for American Immigration Reform (FAIR) recently submitted a federal court brief challenging New York‘s request to restore Trump Administration funding, which was suspended after the state refused to say whether it was still providing public benefits to illegal aliens.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) restricts public benefits to “qualified aliens” exclusively—a category that excludes illegal aliens. PRWORA additionally mandates that states verify they aren’t distributing public benefits to unqualified non-citizens.
Following PRWORA’s passage, then-Attorney General Janet Reno under the Clinton administration issued state waivers exempting them from this verification mandate. The Trump administration revoked these waivers and currently withholds federal funds from states like New York that decline to verify they aren’t providing public benefits to undocumented immigrants.
FAIR’s legal filing argues the state’s injunction request must be rejected because the federal court lacks jurisdiction to grant such relief. According to statute, Congress has removed federal court authority to review executive actions where Congress hasn’t established review standards, instead leaving such decisions to executive discretion. PRWORA grants the Attorney General unreviewable authority to approve or revoke verification requirement waivers.