S. 62 — America First Act

This section designates the Act as the “America First Act” and sets forth its table of contents.

This section amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) to narrow non-qualified aliens' eligibility for federal public benefits as follows: (1) limits exceptions under 8 U.S.C. 1611(b)(1) to emergency Medicaid and public health assistance for immunizations and communicable disease testing/treatment (removing exceptions for short-term non-cash disaster relief, Attorney General-designated programs such as soup kitchens and crisis counseling, and certain pre-August 22, 1996, housing or community development assistance); (2) narrows the definition of qualified alien under 8 U.S.C. 1641(b) by excluding refugees admitted under INA §207, parolees present for at least one year, and Cuban/Haitian entrants (retaining permanent residents, asylees, aliens granted withholding of removal, certain pre-1980 conditional entrants, and VAWA self-petitioners); (3) removes aliens paroled for less than one year from the list of aliens ineligible for state/local public benefits under 8 U.S.C. 1621(a); and (4) makes conforming amendments to related PRWORA provisions, including deeming rules for Supplemental Security Income and SNAP (8 U.S.C. 1612), the five-year bar (8 U.S.C. 1613), and limited eligibility for refugees/asylees (8 U.S.C. 1622). (As background, PRWORA generally bars aliens who are not qualified aliens from federal public benefits—such as SNAP, TANF, SSI, and non-emergency Medicaid—with limited exceptions; qualified aliens are eligible subject to additional restrictions such as the five-year bar.)

This section establishes that a child is ineligible for Head Start programs if the child is neither a U.S. citizen nor a refugee admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) and a parent (or guardian) is (1) unlawfully present in the U.S., (2) paroled under specified INA provisions, (3) granted temporary protected status under INA section 244, (4) granted asylum under INA section 208, (5) granted deferred action or deferred enforced departure (including DACA), or (6) granted withholding of removal under INA section 241(b)(3). As a conforming amendment, it revises a Head Start funding priority to apply only to refugees (from immigrants and refugees).

This section limits eligibility for specified federal health care benefits for certain aliens—those granted parole under INA §§212(d)(5) or 236(a)(2)(B), deferred action or deferred enforced departure (including DACA under the June 15, 2012, DHS memorandum), asylum under INA §208, temporary protected status (TPS) under INA §244, or withholding of removal under INA §241(b)(3)—by (1) amending Medicaid eligibility rules under SSA §1903(v) to exclude such aliens from being considered lawfully admitted for permanent residence or otherwise permanently residing in the U.S. under color of law; (2) adding new SSA §1899C to prohibit Medicare entitlement or enrollment for such aliens notwithstanding existing eligibility provisions (e.g., SSA §§226, 226A); (3) amending IRC §36B to exclude such aliens as "disqualified individuals" from premium tax credits for coverage under qualified health plans, with conforming changes to minimum essential coverage exemptions under IRC §5000A and applicability to taxable years after enactment; and (4) amending ACA provisions (e.g., §§1402, 1411, 1412, 1331) to exclude such aliens from cost-sharing reductions, advance premium tax credit payments, verification procedures, and state basic health programs.

This section restricts eligibility for federal housing assistance under Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a)—which applies to public and assisted housing under the U.S. Housing Act of 1937, certain FHA mortgage insurance, rural housing direct loans under section 502 of the Housing Act of 1949, and other programs—by (1) limiting eligible aliens to lawfully permanent residents, certain pre-1948 continuous residents, those legalized under INA §245A (8 U.S.C. 1255a), and Compact of Free Association residents (excluding previously eligible refugees, asylees, parolees under INA §212(d)(5), and those granted withholding of removal under INA §241(b)(3)); (2) requiring affirmative eligibility verification for each family member (from at least one); (3) tightening deferral rules for mixed-status families and removing asylum references; and (4) prohibiting the Secretary from issuing eligibility guidelines. The section further (1) limits section 502 rural housing loans (42 U.S.C. 1472) to U.S. citizens or occupants of units containing none of the following: unlawfully present aliens, asylees, parolees under INA §§212(d)(5) or 236(a)(2)(B), temporary protected status holders, those granted deferred action or deferred enforced departure (including DACA), or those granted withholding of removal; and (2) prohibits eligibility guidelines for such loans. The section amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, 8 U.S.C. 1611 et seq.) to explicitly exclude housing programs from exceptions allowing short-term benefits to non-qualified aliens under the Attorney General's discretion (i.e., including housing within PRWORA's general restrictions on federal means-tested benefits). The section also amends the low-income housing tax credit (LIHTC, 26 U.S.C. 42) to disqualify any unit occupied by the above-listed ineligible aliens from low-income unit status, effective for determinations after enactment. (Thus, owners risk losing tax credits for noncompliance.)

This section revises the child tax credit (CTC) under IRC §24 by (1) increasing the maximum amount to $2,000 (from $1,000), (2) setting phaseout thresholds at $400,000 (joint return) and $200,000 (other cases), (3) decreasing a threshold in §24(d)(1)(B)(i) to $2,500 (from $3,000), (4) capping the refundable portion at $1,700 (inflation-adjusted after 2024), and (5) providing a $500 credit for certain other dependents (excluding nonresident aliens). It replaces CTC §24(e) with permanent requirements that taxpayers include Social Security numbers (SSNs) issued by the Social Security Administration to U.S. citizens or pursuant to specified Social Security Act authorities for the taxpayer, spouse, qualifying children, and dependents under §24(h); and that such individuals be U.S. citizens or lawfully present aliens excluding (i) asylees, (ii) parolees, (iii) temporary protected status holders, (iv) withholding of removal grantees, (v) nonimmigrants, (vi) deferred action or deferred enforced departure recipients (including DACA), and (vii) employment-based immigrants. (Thus, these changes restrict CTC eligibility from certain humanitarian and temporary immigrants previously eligible and make SSN rules permanent.) It adds parallel citizenship and lawful presence requirements to the earned income tax credit (EITC) under new IRC §32(g), cross-referencing CTC §24(e)(3)(B). This section also makes conforming amendments to IRC §6213(g)(2) math error procedures for SSN reporting on CTC and EITC returns.

This section prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from using agency funds for (1) sheltering and related activities—including facility improvements and construction—provided by non-Federal entities to relieve overcrowding in short-term holding facilities of U.S. Customs and Border Protection (CBP), including the Shelter and Services Program and any substantially similar program; (2) the Emergency Food and Shelter Program (EFSP) under the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.) when used to provide shelter and services to families and individuals encountered by the Department of Homeland Security (DHS), including humanitarian relief awards under EFSP and any substantially similar program; or (3) any FEMA program providing assistance to specified aliens, including (A) those unlawfully present in the United States (as defined in 8 U.S.C. 1101(a)(3)); (B) those granted parole under INA §§212(d)(5) or 236(a)(2)(B) (8 U.S.C. 1182(d)(5), 1226(a)(2)(B)); (C) asylees under INA §208 (8 U.S.C. 1158); (D) temporary protected status holders under INA §244 (8 U.S.C. 1254a); (E) those granted deferred action or deferred enforced departure, including under the 2012 DACA memorandum; or (F) those granted withholding of removal under INA §241(b)(3) (8 U.S.C. 1231(b)(3)). (Thus, the prohibitions apply to FEMA funding streams that have supported nongovernmental migrant sheltering and services amid border encounters.)

This section requires the Secretary of Education to reduce by 50% allotments or grants under any provision of the Elementary and Secondary Education Act of 1965 (ESEA) to state educational agencies or eligible local entities of states or political subdivisions determined to be sanctuary jurisdictions, with reduced amounts reallotted to non-sanctuary recipients. It further requires state educational agencies to reduce ESEA subgrants to eligible entities of sanctuary jurisdictions by 50%, with amounts reallocated to non-sanctuary entities within the state. A sanctuary jurisdiction is a state or political subdivision—including cities, counties, townships, or school districts—with policies obstructing federal immigration enforcement, such as prohibiting communication of individuals' citizenship or immigration status or denying Department of Homeland Security detainer or notification requests under Immigration and Nationality Act sections 236 or 287 (8 U.S.C. 1226, 1357).

This section excludes Haitian entrants from resettlement assistance, cash assistance, medical assistance, and related services previously available to Cuban and Haitian entrants (i.e., under the Cuban and Haitian Entrant Program authorized by the Refugee Education Assistance Act of 1980) by striking references to "Cuban and Haitian entrants" (or similar) and inserting "Cuban entrants" throughout section 501 of that act. The section makes conforming amendments to (1) the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, replacing such references with "Cuban entrants"; and (2) section 1611(c)(5) of the Social Security Act, limiting an exception to SSI ineligibility for certain aliens to Cuban entrants only. (Thus, Haitian entrants lose eligibility for these federal benefits.)

This section revises immigration status verification procedures under section 1137(d) of the Social Security Act for federal means-tested benefit programs (i.e., TANF, SSI, SNAP, Medicaid, CHIP). Specifically, it (1) updates references from the Immigration and Naturalization Service to the Department of Homeland Security, Department of Justice, or Secretary of Homeland Security, as applicable; (2) in paragraph (4)(A)(i), limits the "reasonable opportunity" to provide evidence of immigration status to not more than 30 days; (3) in paragraph (4)(A)(ii), requires states to withhold benefits until receiving evidence of satisfactory immigration status and verification from the Secretary of Homeland Security; (4) restructures paragraph (4)(B) by replacing Immigration and Naturalization Service references with the Secretary of Homeland Security, striking one clause, and redesignating another; and (5) in paragraph (5)(A), strikes "or terminate." (Thus, states must verify legal immigration status via DHS before providing benefits and may no longer terminate program participation solely for verification delays.)

This section establishes citizenship eligibility requirements for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and free and reduced-price lunches under the National School Lunch Program (42 U.S.C. 1758(b)) and free and reduced-price breakfasts under the School Breakfast Program (42 U.S.C. 1773), rendering an infant, child, or student ineligible if (1) the individual is not a U.S. citizen or refugee admitted under INA §207 (8 U.S.C. 1157); and (2) a parent or guardian is an alien who is unlawfully present, granted asylum under INA §208, parole under specified INA provisions, temporary protected status under INA §244, deferred action or deferred enforced departure (including under the 2012 DACA memorandum), or withholding of removal under INA §241(b)(3). (Thus, only children who are citizens or refugees with citizen or qualified noncitizen parents remain eligible.)

This section prohibits recipients of Community Development Block Grant (CDBG) funds—provided under the Housing and Community Development Act of 1974 for activities such as real property acquisition, public works construction, code enforcement, and rehabilitation in urban areas—from using such funds to provide monetary contributions or in-kind goods or services to (1) unlawfully present aliens, (2) aliens paroled under specified Immigration and Nationality Act (INA) provisions, (3) asylees, (4) aliens with temporary protected status, (5) aliens granted deferred action or deferred enforced departure (including DACA), or (6) aliens granted withholding of removal. Separately, the section denies tax-exempt status under IRC §501(c)(3) to organizations that use any federal grant, appropriation, or other federal funding to provide monetary support, services, or in-kind contributions to unlawfully present aliens, specified parolees, aliens with temporary protected status, those granted deferred action or deferred enforced departure (including DACA), or those granted withholding of removal, effective for taxable years beginning after December 31, 2024.