In July 2026, the federal Administration issued a series of Federal Register Notices (FRNs) expanding the list of “Federal Public Benefits” that certain groups of non-citizens are prohibited from receiving.
On September 21, the District Court of Rhode Island issued a permanent injunction, holding that changes of this type must be made through regulation and therefore are subject to notice and comment. The Court vacated (i.e., voided) the existing FRNs and prohibited the Administration from enforcing them. Notably, the Court did not address whether specific programs — such as the Health Center Program — should be considered Federal Public Benefits, stating that courts should avoid “prejudging the notice-and-comment process.”
The Administration is expected to soon launch the regulatory process to implement the policies the FRNs sought to establish, so this reprieve may be only temporary. In the meantime, the ruling technically applies only to the plaintiff states and DC. To date, however, the Administration has not broadly enforced the FRNs in non-plaintiff states. It is hoped that approach will continue while the regulatory process moves forward.