Lee Introduces America First Act to Remove Federal Benefits from Illegal Immigrants

December 18, 2024

 Puts Americans first and stops their tax dollars from subsidizing illegal immigration 

WASHINGTON- Senator Mike Lee (R-UT) introduced the America First Act, which would prevent illegal immigrants paroled into the United States from accessing billions of dollars in welfare and other benefits intended for American families. President Biden’s unprecedented abuse of parole for foreign citizens illegally entering our country has resulted in millions of illegal aliens being supported and subsidized by struggling American families through their tax dollars, worsening the border crisis. The bill has been introduced in the House of Representatives by Rep. Chip Roy (R-TX) and House Budget Committee Chairman Jodey Arrington (R-TX).

  

"For years, Americans have been told that illegal immigrants are barred from receiving federal benefits to distract from Washington’s complete failure to secure our borders,” said Senator Lee. "This is a lie. Millions of illegal immigrants “paroled” into the United States, many for fraudulent asylum claims, have gained the ability to access welfare and aid programs originally designed to help American families, not attract and support massive populations of foreign citizens. The America First Act pulls the plug on this criminal redistribution scheme forced upon the American people by Joe Biden and generations of dishonest politicians.”

  

“Millions of illegal aliens are exploiting U.S. welfare and aid programs that are meant to help struggling Americans,” said Rep. Roy. “This is inexcusable. Continuing to hand out welfare to illegals only acts as a magnet for them to keep flooding our communities. That’s why we introduced the America First Act to end illegal aliens’ ability to profit off of American taxpayer dollars once and for all.” 

  

“Over the last four years, the unprecedented and unmitigated crisis at the southern border has devastated our communities.  As long as we provide taxpayer funded social services to illegal immigrants, there is no physical barrier or number of border patrol agents that will stop them,” said Chairman Arrington. “To add insult to injury, we’re paying $9,000 per illegal immigrant - more than we spend on Medicaid for our most vulnerable Americans or military retirement benefits for our soldiers. Today, I am proud to join Chip Roy and Mike Lee in introducing the America First Act, which would cut off federal benefits for illegals and save over $177 billion.” 

  

Background

  

  • In July of this year, the Congressional Budget Office released a score that found that the Biden administration’s falure to secure the border will add “$0.3 trillion to outlays for federal mandatory programs and net spending for interest on the debt over the 2024–2034 period.”[1]

  

  • Further, CBO found that “[m]ost of those outlays are for premium tax credits, other refundable tax credits, and Medicaid” while “SNAP, child nutrition programs, Supplemental Security Income (SSI), Social Security, Medicare, and assistance for higher education account for smaller amounts.”

  

  • The Foundation for American Immigration Reform has estimated that the combined cost of federal, state, and local assistance to non-citizens is at least $150.7 billion a year.[2]

  

Bill Specifics:

  • Section 2 – PRWORA Requirements
    • Amends PRWORA to exclude illegal aliens, asylees, parolees, and those withheld from deportation from receiving welfare, including SNAP, TANF, Medicaid, CHIP, and certain housing benefits. This significantly reduces eligibility for most federal benefits for illegal aliens who have been wrongfully paroled into the United States by the Biden-Harris administration.
  • Section 3 – Head Start
    • Removes Head Start eligibility from illegal aliens, asylees, parolees, temporary protected status (TPS) recipients, deferred action or enforcement recipients, and those withheld from deportation. 
  • Section 4 – Federal Health Care Benefits
    • Eliminates Medicare eligibility and Medicaid subsidies for illegal aliens, asylees, parolees, TPS recipients, deferred action or enforcement recipients, and those with deportation withheld. 
    • Prohibits Federally Qualified Health Centers from providing non-emergency care to illegal aliens.
  • Section 5 – Housing
    • Restricts federal housing assistance to only U.S. citizens and lawful permanent residents and would make asylees, parolees, TPS recipients, deferred action or enforcement recipients, and those withheld from deportation ineligible for federal housing programs.
    • Prohibits illegal aliens, asylees, parolees, TPS recipients, deferred action or enforcement recipients, and those withheld from deportation. from living in a housing unit financed by the Low-Income Housing Tax Credit. 
  • Section 6 – Child Tax Credit and Earned Income Tax Credit
    • Requires all taxpayers who claim the EITC, CTC, and/or the $500 “other dependent” tax credit to have a valid Social Security Number in order to claim either credit.
  • Section 7 – FEMA Reform
    • Eliminates the Shelter and Service Program (SSP), which has funneled $640 million to sheltering illegal aliens in FY24 and ensures that FEMA disaster funds are only provided to American citizens and lawful permanent residents.
  • Section 8 – FAFSA Eligibility
    • Removes FAFSA eligibility for non-citizens.
  • Section 9 – ESEA Funding for Sanctuary Jurisdictions

Restricts ESEA funding for sanctuary jurisdictions that refuse to comply with federal immigration authorities.

  • Section 10 – Limitations on Services for Haitian Immigrants
    • Removes the special benefit designation for Haitian entrants under PRWORA.
  • Section 11 – Limitations on Reasonable Opportunity Periods (ROPs) for Medicaid Enrollment
    • Requires individuals to provide proof of citizenship before receiving Medicaid benefits.
    • Limits the number of ROPs for individuals unable to provide proof of citizenship when applying for Medicaid.
  • Section 12 – Verification of Citizenship for WIC and School Meal Programs
    • Removes eligibility for WIC and School Meal Programs for illegal aliens, asylees, parolees, TPS recipients, deferred action or enforcement recipients, and those withheld from deportation.
  • Section 13 – Restrictions on the Use of Community Development Block Grants
    • Restricts Community Development Block Grant Program recipients from using funds to provide illegal aliens, asylees, parolees, TPS recipients, deferred action or enforcement recipients, and those withheld from deportation with monetary contributions or in-kind goods or services.
    • Restricts 501(c)(3) organizations from using federal grant funding, appropriated funding, or any other federal funding source to provide illegal aliens, parolees, TPS recipients, deferred action or enforcement recipients, and those withheld from deportation with monetary contributions or in-kind goods or services.
  • Section 14 – Regulations and Guidance
    • Directs the head of each appropriate agency to promulgate necessary guidance and rulemaking to carry out the provisions of the Act.

 


Bill text | Two-pager

###

 

HAFA:

 

“Heritage Action supports Senator Mike Lee’s America First Act, important legislation designed to rein in the vast abuses of taxpayer dollars being used on illegal aliens. The America First Act is a critical step toward stopping the main attractor of illegal immigration, and restoring fiscal sanity by closing these loopholes and prohibiting welfare eligibility for individuals who should not be here in the first place. Now is the time to restore order, protect American workers, and secure the future of our nation’s fiscal stability.”

– Ryan Walker, Executive Vice President, Heritage Action for America

 

Immigration Accountability Project:

 

“The border crisis of the last four years has devastated the country and cost American taxpayers billions of dollars as illegal aliens have gained access to public benefits. During this crisis, the Biden-Harris Administration systematically abused its authority under immigration law to grant amnesty to millions, putting them on the path to direct welfare access. If nothing is done to change loopholes in the law, the coming cost will be catastrophic. The America First Act would put a stop to this magnet for illegal immigration, preserve benefits for American citizens, and cut off funds from states that actively hinder immigration enforcement. The Immigration Accountability Project commends Senator Lee and Congressmen Arrington and Roy for introducing this critical piece of legislation and is proud to support it.”

 

- Grant Newman, Director of Government Relations, Immigration Accountability Project

 

Economic Policy Innovation Center (EPIC) for America:

 

“The open borders policies of the Biden-Harris Administration have caused chaos and encouraged a dramatic increase in illegal immigration. The Congressional Budget Office says that the Biden-Harris surge of illegal immigration costs American taxpayers billions in welfare benefits for illegal aliens every year. The America First Act would close the loopholes. I thank Senator Mike Lee, Chairman Jodey Arrington, and Representative Chip Roy for their important work.” 

 

- Paul Winfree, President and CEO, Economic Policy Innovation Center (EPIC)

 

Federation for American Immigration Reform (FAIR):

 

"Illegal immigration now costs American taxpayers over $150 billion each year, and without meaningful change, the border crisis of the last four years will only continue to rack up costs at the federal, state and local levels. Congress must make it a priority to roll back the failed policies of the Biden administration and ensure that Americans are not forced to shoulder the burden of uncontrolled illegal immigration.  FAIR is proud to support the America First Act, and we encourage all members of Congress to support the safeguards found in this legislation that help ensure illegal aliens cannot take advantage of public benefits."

 

- Julie Kirchner, Executive Director, Federation for American Immigration Reform

 

 

Texas Public Policy Foundation:

 

"Senator Lee's legislation addresses critical problems our nation is facing. Out of control numbers of illegal aliens taking advantage of our welfare system and bloated overspending by the federal government on things that do not help Americans. The Texas Public Policy Foundation applauds this legislation and will always support putting Americans first."

 

- Greg Sindelar, CEO of the Texas Public Policy Foundation

 

Eagle Forum:

 

“The United States still stands as in exceptional beacon of freedom and opportunity. Sadly, the Biden administration has opened the floodgates by declaring illegal immigrants as “parolees” and therefore eligible for billions of dollars in taxpayer benefits. Not only have they ignored the dangers of mass illegal immigration, but are subsidizing it by providing otherwise ineligible illegals with federal benefits.  Congress must act in order to deter this abuse of the system and protect the fiscal integrity of our current welfare programs designed to assist Americans in need. The America First Act is a crucial step in ensure that our laws and taxpayer dollars are respected by those who exploit immigration laws. Eagle Forum is please to endorse the America First Act and encourages Congress to enact it now.”

 

- Kris Ullman, President of Eagle Forum 

 

Tea Party Patriots Action:

 

“Senator Mike Lee’s “America First Act” addresses the Biden administration's misuse of the alien parole law, which has allowed 1.6 million illegal aliens to enter the country. The bill aims to prevent further abuse by blocking these individuals from accessing taxpayer-funded welfare and tightening federal welfare eligibility to safeguard taxpayer funds.

 

On behalf of our three million members and supporters, I strongly support this legislation and urge its quick passage and enactment.”

 

- Jenny Beth Martin, Honorary Chairman, Tea Party Patriots Action

 

CatholicVote:

 

“The Biden administration and Democrats have abused our nation's laws and our generosity, creating a growth in drug and human trafficking, resulting in a dangerous environment for American citizens. Sen. Lee, Budget Chairman Arrington, and Rep. Roy’s America First Act makes it very clear: we can welcome the stranger with open arms, but we will not reward criminal activity."


- Tom McClusky, Director of Government Affairs for CatholicVote

 


###