Article Summary
- Illinois was part of a multistate lawsuit challenging the Trump administration’s policy to cut off access by noncitizens to public aid programs, including emergency shelter, food, and violence prevention programs.
- Trump’s policy greatly expanded the application of a 1996 law that had previously applied to programs like Medicaid and Temporary Assistance to Needy Families, but not to services generally open to all, including those intended to protect human life and health.
- A federal judge in Rhode Island declared Monday that those changes were unlawful, but left open the possibility that the administration could issue new rules having the same effect if it follows the proper rulemaking process.
This summary was written by the reporters and editors who worked on this story.
SPRINGFIELD — Illinois Attorney General Kwame Raoul has claimed victory in a legal battle against the Trump administration over noncitizens’ access to a host of publicly funded health, education and social service programs.
A federal judge in Rhode Island on Monday struck down the administration’s attempt to require states to verify a person’s citizenship or lawful immigration status before allowing them to access services such as Head Start, mental health crisis programs, homeless shelters and many other programs.
The lawsuit challenged the administration’s attempt to expand the application of a three decades-old law known as the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the signature welfare reform law of the Clinton administration.
Among other things, that law prohibits certain categories of noncitizens from receiving federal benefits such as Medicaid and Temporary Assistance to Needy Families, or TANF. After the law was enacted, federal agencies issued guidance to states interpreting the law to exclude vital community services that were open to all.
But soon after taking office for his second term in 2025, President Donald Trump issued an executive order titled “Ending Taxpayer Subsidization of Open Borders” that directed federal agencies to realign their programs to “prevent taxpayer resources from acting as a magnet and fueling illegal immigration to the United States.”
In July 2025, several federal agencies issued notices that they were changing their interpretation of the 1996 law.
The Department of Justice, for example, announced it was revoking exceptions it had previously allowed for programs deemed necessary for the protection of life and safety, including crisis counseling and intervention programs, child protection services, violence and abuse prevention, and services for domestic violence victims.
The Department of Health and Human Services reversed its policy that excluded Head Start and certain public health programs from the verification requirement.
Other agencies that expanded the requirement to verify lawful status to qualify for benefits included the Department of Education, Department of Labor and Department of Housing and Urban Development.
Illinois, along with a coalition of 21 other Democratic state attorneys general, filed suit challenging the new rules. Among other things, they argued the change in interpretation violated the Administrative Procedures Act, which requires agencies to publish notice and take public comment before enacting new administrative rules.
In September 2025, Judge Mary S. McElroy, a Trump appointee, issued a preliminary injunction blocking enforcement of what she called a “Show me your papers” policy.
“If the Government’s plan goes into effect, immigration verification will be necessary for individuals to access emergency services for domestic violence victims and veterans, homeless shelters, soup kitchens, mental health crisis programs, and plenty more.” McElroy wrote.
On Monday, she granted the plaintiff states’ motion for summary judgment declaring the agency notices “unlawful” and blocking the agencies from enforcing them.
The order did not, however, prohibit the agencies from promulgating new rules if they go through the proper administrative process, including public notice and comment.
“I am proud to have secured this legal victory protecting some of our most crucial social service programs,” Raoul said in a statement. “I will continue to oppose arbitrary and illegal actions by the Trump administration and will use all the tools at my disposal to fight unlawful orders.”
Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
