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Federal judge voids immigration checks for federally funded Wisconsin services

A federal judge has blocked a Trump administration rule that would have required people to prove their immigration status to use federally funded programs including community health centers, Head Start and adult education. The decision rests on the administration’s failure to provide required public notice and comment, but federal agencies could try again with a new rule.

Federal judge voids immigration checks for federally funded Wisconsin services
A federal judge has struck down a Trump administration rule that would have required people to document their immigration status before using federally funded services such as community health centers, Head Start and adult education programs. U.S. District Judge Mary McElroy ruled Sept. 21 that federal agencies failed to provide the notice and public comment required before adopting the rule. Her decision blocks the government from implementing or enforcing it, though agencies could issue a new version after following the required process. The ruling offers relief to Wisconsin residents who could otherwise have faced new paperwork hurdles to attend classes, seek medical care or receive help from community programs. The restrictions would have applied not only to undocumented immigrants, but also to some people with legal status, including holders of Temporary Protected Status, student and work visas, and people with pending asylum or U visa applications. Wisconsin Attorney General Josh Kaul joined 20 other state attorneys general in suing to stop the rule. The states argued that requiring programs to verify every participant’s status would burden service providers and deter people from seeking assistance. They also said the rule would force states to restructure safety-net programs. The dispute stems from the Trump administration’s reinterpretation of a 1996 welfare law. For decades, federal policy treated the law as inapplicable to many public services available broadly, including educational, health and community programs. The administration sought to limit federally funded programs to citizens, permanent residents, refugees, people granted asylum and certain other groups. The rule had already been put on hold in the 21 states that sued, first through an agreement and later under a temporary injunction. McElroy’s final decision found that the administration violated federal rulemaking requirements. The ruling does not prevent agencies from pursuing similar restrictions through a new process. Health providers say the policy debate has affected patients even while the rule was paused. Dr. Ken Loving, chief executive of Access Community Health Centers, which operates five clinics in southwest Wisconsin, said uncertainty has undermined patients’ confidence that they will continue to receive care. “People are wondering whether they’re going to be able to access care in the longer term,” Loving said, adding that staff have spent time reassuring patients the clinics remain available to them. Wisconsin has 16 federally qualified community health centers operating at 217 sites. The proposed restrictions could have affected those centers, which serve residents regardless of immigration status under federal law. Nationwide, more than 17,000 community health center clinics serve patients, according to the National Association of Community Health Centers. Adult education providers also faced new administrative demands. Programs receiving federal funds would have had to verify the eligibility of all students, not only immigrants. Jacob Hofstetter, a policy analyst at the Migration Policy Institute, said providers would need to interpret complex immigration categories despite already limited resources. He said one program in a state that adopted the restrictions had removed about a third of its students to comply. The requirements also risked excluding U.S.-born students who could not produce requested documents or did not complete the added steps, Hofstetter said. Wisconsin’s 16 technical colleges could have faced checks for adult education students and some career-training participants if the restrictions returned. A U.S. Department of Education spokesperson called the ruling “an unfortunate betrayal of hardworking, American taxpayers” and said the lawsuit defended federal spending for undocumented immigrants. The rule, however, also would have excluded some immigrants authorized to live in the country. Asked whether the administration would appeal or issue a revised rule, the spokesperson referred questions to the Justice Department, which did not respond to a request for comment. Wisconsin Technical College System spokesperson Katy Pettersen said it was too early to speculate about possible future changes while the legal process continues. Hofstetter likewise cautioned that the decision may not settle the issue, given the administration’s stated focus on restricting immigration.

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