New Jersey and New York join 20 states in lawsuit to reopen welfare for illegal aliens

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1 min read
July 25, 2025

TRENTON, N.J. — New Jersey is among more than 20 states challenging new federal rules that restrict illegal immigrants from accessing certain U.S. Department of Health and Human Services (HHS) benefits, joining a lawsuit led by New York Attorney General Letitia James.

The coalition of Democratic attorneys general filed the suit earlier this week, asking a federal court to block HHS regulations introduced by Secretary Robert F. Kennedy Jr. earlier this month. As first reported by Breitbart News, the rules bar undocumented immigrants from programs including Certified Community Behavioral Health Clinics, Head Start, and mental health services funded through the Substance Abuse and Mental Health Services Administration.

According to a press release from James’ office, the lawsuit seeks “to declare the new rules unlawful, halt their implementation through preliminary and permanent injunctions,” and restore prior eligibility standards.

New Jersey joins states such as California, Colorado, Massachusetts, Oregon, Vermont, and others in arguing that the rule change undermines long-standing state safety net programs.

“For decades, states like New York have built health, education, and family support systems that serve anyone in need,” James said. “Now, the federal government is pulling that foundation out from under us overnight, jeopardizing cancer screenings, early childhood education, primary care, and so much more.”

The legal action comes after HHS clarified that the Personal Responsibility and Work Opportunity Reconciliation Act (PWORA) limits federal benefit access to qualified noncitizens, excluding undocumented immigrants from many aid programs previously offered through state partnerships.

The lawsuit argues that the federal interpretation of PWORA is being used to “dismantle core safety net programs,” and requests the court to vacate the rule entirely.

New Jersey’s Attorney General’s Office has not issued a separate statement but is listed as a participant in the multi-state suit filed in federal court.

Phil Stilton

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