Overview
Title
To limit eligibility for Federal benefits for certain immigrants, and for other purposes.
ELI5 AI
The "America First Act" is a bill that plans to change who can get certain help from the government, like money, healthcare, and education, based on if they are allowed to be in the country. It wants to make sure only people here legally can get these benefits, which means some people might not get help they need.
Summary AI
The “America First Act” (H. R. 10469) seeks to limit federal benefits for certain immigrants. It targets federal public benefits, housing assistance, healthcare subsidies, and tax credits, enforcing stricter eligibility requirements based on citizenship or lawful presence. The bill proposes prohibiting federal support for unlawfully present immigrants and modifying funding practices for various federal programs, including those related to education and community development. It also sets guidelines for verifying immigration status before granting eligibility for these programs.
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AnalysisAI
The proposed bill, "America First Act," aims to reshape the eligibility requirements for certain federal benefits, limiting access for specific immigrant populations. With numerous amendments to existing laws, the bill addresses federal public benefits, educational funding, health care, housing, tax credits, and immigration-related policies. Essentially, it proposes to narrow down eligibility for various programs, affecting non-citizens and undocumented immigrants in several capacities.
Key Issues
The bill contains several significant issues. One primary concern is the narrowing of eligibility criteria under Section 2 for non-citizens accessing federal public benefits. This change could have a substantial impact on vulnerable populations, potentially limiting their access to essential services. Closely tied to this is the adjustment of health care eligibility in Section 4, which restricts access to healthcare benefits for groups such as Deferred Action for Childhood Arrivals (DACA) recipients and those with Temporary Protected Status (TPS). Such restrictions raise concerns about denying necessary healthcare services to individuals who may otherwise lack affordable options.
In the context of education, Section 9's funding cuts for sanctuary jurisdictions are especially concerning. The bill allows the Secretary of Education to reduce educational funding by 50% for regions identified as not cooperating with federal immigration enforcement. This could disproportionately affect educational agencies in sanctuary areas, leading to inequities without a clear link between immigration policies and educational outcomes.
Impact on the Public
The bill's sweeping changes could broadly affect the public, notably those who are immigrants or come from immigrant families. Individuals relying on federal benefits, like Medicaid or housing assistance, might face new barriers due to stringent eligibility checks tied to their immigration status. This could lead to a ripple effect, impacting their access to healthcare, stable housing, and financial support.
Furthermore, by reducing educational funding for sanctuary jurisdictions, public schools serving diverse populations might find their resources stretched thin, impacting the quality of education provided. This could influence not just immigrant students but also their peers, teachers, and the broader community relying on public education.
Impact on Stakeholders
Specific stakeholders, such as immigrants, community organizations, and educational institutions, would be particularly impacted by this bill. Immigrants, especially those with uncertain legal statuses, stand to lose access to critical support systems and services. Organizations that provide food, shelter, and health services might find their federal funding jeopardized, constraining their ability to assist those in need.
While the bill could lead to positive outcomes for individuals on tighter budgets by potentially reducing taxpayer-funded benefits, the negative consequences might overshadow such benefits. Sanctuary jurisdictions might face funding reallocations that punish their stance on immigration enforcement, disrupting social services and educational systems that depend on federal support.
In summary, the bill introduces significant shifts in how federal programs allocate benefits, placing new burdens on immigrant populations and the institutions supporting them. While it may align with certain policy objectives related to immigration control, the broader social implications and potential inequities necessitate a cautious examination.
Financial Assessment
Financial Implications in the America First Act
The America First Act (H. R. 10469) introduces several financial changes affecting federal benefits, healthcare subsidies, tax credits, and funding for specific jurisdictions and programs. These changes have broader implications for how funds are allocated and might impact vulnerable populations, as highlighted in the issues section.
Federal Benefits and Health Care
The Act proposes to redefine the eligibility criteria for federal public benefits and healthcare subsidies. It aims to restrict access based on immigration status, particularly affecting groups like recipients of Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), and asylum seekers. This approach directly relates to issue concerns where limiting healthcare benefits for these groups could prevent access to necessary services. Such restrictions might also reduce overall government spending on public benefits, yet leave certain groups without support.
Child Tax Credit and Earned Income Tax Credit
The legislation modifies the Child Tax Credit, increasing the base amount from $1,000 to $2,000. However, it sets a maximum refundable credit of $1,700 per qualifying child. These adjustments include income thresholds of $400,000 for joint returns and $200,000 for other cases. Additionally, identification requirements tied to immigration status are emphasized. These stipulations might create confusion or obstacles for taxpayers, potentially complicating compliance, as noted in issues related to complex identification and eligibility terms.
Funding for Sanctuary Jurisdictions
Sections 9 and 8549D address funding reductions for sanctuary jurisdictions in education, proposing a 50% reduction in funding for educational agencies within these jurisdictions. Such financial penalties might disproportionately affect educational outcomes without directly correlating to policy effectiveness, raising concerns about fairness. The realignment of funds from sanctuary jurisdictions to others that comply with federal immigration law suggests a shift in financial priorities.
Community Development and Housing
The Act enforces strict rules on the use of Community Development Block Grant (CDBG) funds and restricts their usage on providing assistance to immigrants who do not meet certain criteria. This restriction aligns with issue concerns about potential discrimination against certain groups, as these funds traditionally support crucial local services and infrastructure, potentially affecting community support systems.
Use of FEMA Resources
A significant section of the Act prohibits the use of Federal Emergency Management Agency (FEMA) funds for non-federal entities aiding specific immigrant categories. This restriction reflects a broader policy shift emphasizing immigration status in resource allocation. Consequently, this may hinder essential humanitarian efforts, as identified in issue discussions.
Conclusion
Overall, the financial provisions in the America First Act reflect a substantial shift toward enforcing stricter criteria based on immigration status. The financial ramifications of these changes include potential reductions in federal spending in certain areas but raise concerns about equity, access to services, and humanitarian impacts on vulnerable groups. The Act's amendments suggest a significant reallocation of resources, particularly affecting areas traditionally supported by public benefits, healthcare access, and educational funding.
Issues
The narrowing of eligibility criteria for non-citizens to access federal public benefits under Section 2 may significantly impact vulnerable populations and raise concerns about humanitarian consequences.
Section 9's reduction of ESEA funding for sanctuary jurisdictions could disproportionately affect educational agencies in those areas without clear justification linked to educational outcomes, potentially leading to inequities.
Section 4's limitation on healthcare benefits for various immigrant categories (e.g., TPS, DACA, asylees) could prevent access to necessary healthcare services, particularly affecting groups that may already face challenges in obtaining care.
The definition and implications of 'sanctuary jurisdictions' in Sections 9 and 8549D are potentially legally ambiguous and may lead to inconsistent enforcement and significant administrative burdens.
Section 11's verification process for immigration status to access federal benefit programs introduces ambiguity and potential procedural gaps, which might lead to delays in benefits provision.
Section 7's prohibition on FEMA funds for non-federal entities assisting certain immigrant categories could counteract humanitarian efforts, affecting individuals in dire need of assistance.
The exclusion of 'Haitian entrants' from refugee resettlement provisions in Section 10 might be considered a discriminatory action against a specific ethnic group, impacting available services.
Section 5's restrictions on housing eligibility criteria could be viewed as discriminatory, limiting access to critical housing support for groups in need, such as asylum seekers.
The complex identification requirements for the child tax credit and earned income tax credit in Section 6 may confuse taxpayers and impact compliance, especially for those unfamiliar with immigration-related eligibility terms.
Section 8’s specific criteria regarding eligibility for postsecondary financial assistance based solely on immigration status could leave out individuals needing support, raising concerns about equity and access to education.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
This section of the Act introduces the "America First Act" and outlines the topics covered, including eligibility for federal benefits, citizenship verification for various programs, limitations on refugee resettlement, and restrictions on funding for certain jurisdictions and organizations.
2. Adjusting eligibility of certain non-citizens for Federal public benefits under the Personal Responsibility and Work Opportunity Reconciliation Act Read Opens in new tab
Summary AI
The section modifies the Personal Responsibility and Work Opportunity Reconciliation Act, reducing the types of federal benefits that certain non-citizens can receive and narrowing the definition of a "qualified alien." It also removes specific categories of individuals, such as those paroled into the U.S. for less than a year, from being eligible for certain benefits.
3. Verification of citizenship by Head Start agencies Read Opens in new tab
Summary AI
The amendment to the Head Start Act states that a child is not eligible for a Head Start program if they are not a U.S. citizen or a refugee and if their parent is unlawfully present in the U.S. or falls under certain immigration categories such as being granted asylum or temporary protected status. A related amendment removes the term "immigrant" from another section of the Act.
4. Eligibility for certain Federal health care benefits Read Opens in new tab
Summary AI
This section of a U.S. bill places restrictions on access to federal health care benefits like Medicaid, Medicare, and subsidies under the Affordable Care Act for certain groups including parolees, those with deferred action, asylum recipients, temporary protected status holders, and individuals granted withholding of removal. It also prohibits federal funding to health centers that serve people not lawfully present in the United States, except for emergency care.
1899C. Limiting Medicare coverage of parolees and TPS and DACA recipients Read Opens in new tab
Summary AI
Medicare coverage is limited for individuals who are parolees, recipients of Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), and others with similar immigration statuses. This means these individuals are not eligible to enroll in or receive Medicare benefits.
5. Housing Read Opens in new tab
Summary AI
The section amends various housing-related laws to restrict financial assistance for certain non-citizens, specify eligibility for single-family housing loans, prohibit the issuance of eligibility guidelines for these programs, and exclude housing assistance from other programs. It also updates the criteria for who qualifies as a "disqualified individual" for low-income housing credit eligibility, focusing on the immigration status of occupants.
6. Identification requirements for child tax credit and earned income tax credit; permanent extension of certain temporary rules for child tax credit Read Opens in new tab
Summary AI
The section of the bill amends the tax code to increase the child tax credit from $1,000 to $2,000 and sets identification requirements, like requiring a social security number, for claiming child tax or earned income tax credits. It also establishes qualifications about citizenship or lawful presence to claim these credits, and specifies that these changes apply to tax years starting after December 31, 2024.
Money References
- (a) Child tax credit.—Section 24 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a), by striking “$1,000” and inserting “$2,000”, (2) in subsection (b)(2), by striking subparagraphs (A) through (C) and inserting the following: “(A) $400,000 in the case of a joint return, and “(B) $200,000 in any other case.”, (3) in subsection (d)— (A) in paragraph (1)(B)(i), by striking “$3,000” and inserting “$2,500”, and (B) by adding at the end the following: “(4) MAXIMUM AMOUNT OF REFUNDABLE CREDIT.— “(A) IN GENERAL.—The amount determined under paragraph (1)(A) with respect to any qualifying child shall not exceed $1,700, and such paragraph shall be applied without regard to subsection (h).
- “(B) ADJUSTMENT FOR INFLATION.— “(i) IN GENERAL.—In the case of a taxable year beginning after 2024, the $1,700 amount in subparagraph (A) shall be increased by an amount equal to— “(I) such dollar amount, multiplied by “(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘2023’ for ‘2016’ in subparagraph (A)(ii) thereof.
- “(ii) ROUNDING.—If any increase under this subparagraph is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.”, (4) by striking subsection (e) and inserting the following: “(e) Additional requirements.— “(1) IDENTIFICATION REQUIREMENTS.—No credit shall be allowed under this section to a taxpayer who does not include on the return of tax for the taxable year— “(A) the social security number of the taxpayer (and, in the case of a joint return, the social security number of the taxpayer's spouse), “(B) with respect to any qualifying child, the name and the social security number of such qualifying child, and “(C) for purposes of subsection (h), with respect to any dependent of the taxpayer, the name and the social security number of such dependent.
- “(B) REQUIREMENTS.—The requirements described in this subparagraph are that the individual— “(i) shall be a citizen of the United States or an alien lawfully present in the United States, and “(ii) may not be— “(I) an alien granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), “(II) an alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5), 1126(a)(2)(B)), “(III) an alien granted temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), “(IV) an alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)), “(V) any nonimmigrant described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), “(VI) any alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled ‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children’ issued on June 15, 2012, or “(VII) an alien who has been issued an employment-based immigrant visa described in section 203(b) of that Act (8 U.S.C. 1153(b)).”, and (5) by striking subsection (h) and inserting the following: “(h) Partial credit allowed for certain other dependents.— “(1) IN GENERAL.—The credit determined under subsection (a) shall be increased by $500 for each dependent of the taxpayer (as defined in section 152) other than a qualifying child described in subsection (c).
7. Federal Emergency Management Agency prohibitions Read Opens in new tab
Summary AI
The section prohibits the Federal Emergency Management Agency (FEMA) from spending its funds on certain activities, such as sheltering by non-federal entities for overcrowded migrant facilities, supporting the emergency food and shelter program for people encountered by Homeland Security, and providing assistance to individuals in the U.S. without legal status or various forms of temporary immigration relief.
8. Eligibility for postsecondary financial assistance based on immigration status Read Opens in new tab
Summary AI
In an amendment to the Higher Education Act of 1965, eligibility for postsecondary financial aid now requires applicants to be U.S. citizens, nationals, or permanent residents.
9. Reducing ESEA funding for sanctuary jurisdictions Read Opens in new tab
Summary AI
The section allows the Secretary of Education to cut education funding by 50% to states or political subdivisions identified as "sanctuary jurisdictions," which are areas that prevent law enforcement from enforcing federal immigration laws. The withheld funds will be redistributed to areas that do not have sanctuary status.
8549D. Funding reductions for Sanctuary jurisdictions Read Opens in new tab
Summary AI
The section describes how federal funding will be reduced by 50% for states or local areas deemed "sanctuary jurisdictions," which are places that do not cooperate with federal immigration enforcement. The withheld funds will be given to other states or local entities that comply with federal immigration laws.
10. Limitation on refugee resettlement and other services for certain Haitian immigrants Read Opens in new tab
Summary AI
The section proposes changes to existing laws by removing references to "Haitian entrants" and specifying that provisions will now only apply to "Cuban entrants" in various legal sections including the Refugee Education Assistance Act of 1980 and other related acts.
11. Prohibiting participation in Federal benefit programs until a satisfactory immigration status is verified Read Opens in new tab
Summary AI
The section proposes changes to the Social Security Act to ensure that federal benefits are only provided to individuals after verifying their satisfactory immigration status through the Department of Homeland Security, instead of the old Immigration and Naturalization Service. It specifies that benefits cannot be given until evidence of legal immigration status is confirmed, allowing a limited time for individuals to prove their status.
12. Verification of citizenship for WIC and school meals Read Opens in new tab
Summary AI
The section outlines new rules for the WIC program and school meal eligibility, stating that a child must be a U.S. citizen or a refugee to qualify. Additionally, the child's parent must not be unlawfully present in the U.S., although exceptions are made for certain types of legal immigration status like asylum or temporary protected status.
13. Restrictions on use of Community Development Block Grant funds and Federal funding by tax-exempt organizations Read Opens in new tab
Summary AI
The bill section restricts the use of Community Development Block Grant (CDBG) funds and federal funding by tax-exempt organizations, prohibiting them from providing financial contributions or in-kind goods and services to specific categories of non-citizens, such as those unlawfully present in the U.S., those granted asylum, temporary protected status, deferred action, or withholding of removal. These restrictions affect both grant recipients and tax-exempt organizations using federal funds, starting from taxable years beginning after December 31, 2024.
14. Implementing regulations and guidance Read Opens in new tab
Summary AI
The head of each relevant government agency is required to create rules and provide guidance to ensure the implementation of this Act and its amendments.