Trump Administration Revokes Clinton-Era Rule Granting Illegal Immigrants Free Tuition

United States House of Representatives - Office of Ruben Gallego, Public domain, via Wikimedia Commons
American Liberty News
- June 4, 2026
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Arizona Democratic Sen. Ruben Gallego is launching an effort to challenge a new Trump Administration immigration policy that could require many green card applicants to leave the United States and complete the process abroad.

According to a report from The Hill, Gallego is not only seeking to overturn the policy itself but is also pursuing a procedural strategy that could make it easier for Congress to reverse the change.

The dispute revolves around a recent U.S. Citizenship and Immigration Services (USCIS) policy affecting how certain immigrants obtain lawful permanent residency.

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The Department of Education under President Donald Trump announced Thursday it will revoke a Clinton-era interpretation that allowed illegal immigrants to access taxpayer-funded technical, career, and adult education programs.

The move aligns with the Trump administration’s broader effort to restrict public benefits for those in the country illegally, citing long-standing federal law and a recent executive order by the president.

“Postsecondary education programs funded by the federal government should benefit American citizens, not illegal aliens,” Education Secretary Linda McMahon said in a statement. “Under President Trump’s leadership, hardworking American taxpayers will no longer foot the bill for illegal aliens to participate in our career, technical, or adult education programs or activities.”

The rule change directly targets a 1997 “Dear Colleague” letter issued under the Clinton administration, which interpreted the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) in a way that permitted non-citizens, including those in the U.S. illegally, to access certain federally funded postsecondary education programs.

The Department now says that interpretation mischaracterized the law and created artificial distinctions between federal benefit programs based upon the method of assistance, allowing programs that should have been off-limits to illegal aliens to be exploited under technical legal loopholes.

The original language of PRWORA, signed by President Bill Clinton in 1996, restricted most public benefits—including educational subsidies—to U.S. citizens and lawful residents. However, the subsequent Clinton-era guidance diluted the law’s intent, carving out exceptions for adult, career, and technical education.

Trump’s Department of Education argues that by correcting this misinterpretation, it is restoring legal consistency and protecting the integrity of taxpayer-funded programs.

Beginning Aug. 9, 2025, all federally funded postsecondary education providers will be required to verify participants’ eligibility, ensuring that only citizens, permanent residents, or otherwise legally present individuals may receive services.

The change is in compliance with President Trump’s February 19 executive order, which ended taxpayer subsidization of educational programs for illegal immigrants. The order was one of several signed in recent months to clamp down on state and local practices that extend publicly funded perks to non-citizens.

The administration has also filed lawsuits against several states that grant in-state tuition benefits to illegal immigrants, arguing such policies violate federal law.

On June 30, the Department of Education announced the revocation of nearly $7 billion in federal grants tied to English-as-a-second-language (ESL) programs.

While some universities have continued to provide support services for illegal immigrants—including legal aid, housing support, and job counseling—federal officials warn that continued defiance could jeopardize their funding.

Supporters of the rule change say it is long overdue, calling the prior interpretation a bureaucratic loophole that rewarded illegal behavior.

Critics, however, claim the policy is punitive and shortsighted, especially for illegal immigrants brought to the country as children.

From classroom to courthouse, the Trump administration is sending a strong message: federal resources are reserved for those in the country legally, and education will not be an exception.

READ NEXT: California Considering State-Funded Home Loans For Illegal Immigrants










Picture of Seijah Drake

Seijah Drake

Seijah Drake was born in Boston, MA, where she developed a penchant for writing early on and a passion for politics in college. After college she worked briefly for a conservative media in New York before relocating to the Greater D.C. Area to pursue a career in political marketing. She now resides in the free state of Florida.

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