Ending Taxpayer Subsidization of Open Borders
This executive order aims to restrict access to taxpayer-funded benefits for undocumented immigrants.
It directs federal agencies to review their programs, enhance eligibility verification, and prevent the use of federal funds to support illegal immigration or so-called 'sanctuary' policies.
The order cites the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 as legal justification and seeks to prevent the misuse of taxpayer resources while protecting benefits for eligible citizens.
Arguments For
Intended benefits: Preventing the misuse of taxpayer funds, ensuring resources are directed to eligible citizens, upholding the principles of the PRWORA, and deterring illegal immigration.
Evidence cited: The order cites the PRWORA and argues that previous administrations undermined its provisions, leading to improper expenditure of taxpayer resources.
Implementation methods: The order directs executive departments and agencies to identify programs providing benefits to undocumented immigrants, align these programs with applicable law, enhance eligibility verification systems, and refer improper benefit use to relevant departments for further action.
Legal/historical basis: The order is based on the President's constitutional authority and the existing PRWORA, which aims to prevent public benefits from incentivizing illegal immigration.
Arguments Against
Potential impacts: Potential delays or denials of essential services for vulnerable populations, including legal immigrants and those seeking asylum. Increased bureaucratic burden on agencies. Potential legal challenges to the order's implementation.
Implementation challenges: Difficulties in effectively verifying eligibility, potential for unintended consequences targeting legal immigrants, potential for state-level resistance and legal challenges.
Alternative approaches: Implementing stricter border controls, investment in comprehensive immigration reform, expanding and improving pathways to legal immigration status, community-based support programs.
Unintended effects: Disproportionate impact on marginalized communities, creation of a climate of fear and distrust, hindering cooperation with law enforcement. The order may face legal challenges based on due process concerns and potential human rights violations.
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.
This section establishes the order's purpose: to prevent undocumented immigrants from accessing taxpayer-funded benefits.
It cites the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) as a legal basis and asserts that past administrations failed to fully enforce its provisions.
The goal is to protect taxpayer resources and ensure benefits go to eligible citizens.
The administration commits to upholding the rule of law and protecting benefits for US citizens.
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.
(c) 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.
This section outlines specific actions for federal agencies.
Agencies must identify programs providing benefits to undocumented immigrants and adjust these programs to comply with the order and the PRWORA. They must also prevent federal funding from aiding illegal immigration or 'sanctuary' policies.
Furthermore, agencies must enhance verification systems to exclude ineligible aliens.
The Office of Management and Budget (OMB) and other relevant officials are tasked with identifying additional funding sources for undocumented immigrants and recommending further actions to align spending and improve verification systems.
Any improper benefit use will be referred to the Department of Justice and Homeland Security.
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.
(c) 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.
This section contains general provisions.
It clarifies that the order does not limit existing agency authority or the OMB's budgetary functions.
Implementation will be consistent with existing laws and subject to available funding.
Finally, the order does not create any new legal rights or benefits for any party.