Justice Department Office of Legal Counsel Concludes Immigrant Welfare Eligibility Rules Apply to FCC Lifeline Program

WASHINGTON - Today, the Department of Justice released an opinion for the Federal Communications Commission (FCC) which addresses the relationship between the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) and the Lifeline program, which offers monthly discounts on telephone and broadband internet services for qualifying low-income consumers. The Office of Legal Counsel's interpretation finds that to receive Lifeline benefits, a non-citizen must satisfy PRWORA's eligibility and verification requirements.

Under this finding, non-citizens are typically ineligible to enroll in Lifeline unless they have been in the United States for at least five years with qualified status. FCC must also impose additional safeguards to verify eligibility for Lifeline benefits beyond simply collecting a subscriber's Social Security Number before enrolling them into the program. This finding creates further safeguards to protect American taxpayer resources from abuse by non-American citizens.

"Today's opinion further protects a critical public benefit that provides discounted utility assistance to Americans struggling to make ends meet," said Acting U.S. Attorney General Todd Blanche. "This Department will continue to put American citizens first and root out any abuse of taxpayer dollars by those in our country illegally."

"At the FCC, our position has been clear. To receive federal subsidies like Lifeline, you must be a lawful beneficiary. The government should not be spending the money of hard working Americans to provide phone and Internet serve for ineligible recipients." said FCC Chairman, Brendan Carr. "Today's opinion from the Department will go a long way in putting an end to this kind of abuse. The FCC will continue to do our part, alongside DOJ, to impose additional safeguards and restore the public's confidence in the Lifeline program."

This action comes as a follow-on to the Office's December opinionLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link. about the meaning of "Federal means-tested public benefits" in PRWORA, which reversed a Clinton-era interpretation that had allowed ineligible aliens to receive federal welfare benefits.

Read the full opinion here.