The department said it is rescinding a 1997 "Dear Colleague Letter" from the Clinton administration that allowed undocumented immigrants to receive federal aid for career, technical, and adult education programs. The interpretive rule, published in the Federal Register, clarifies that federal programs under the Carl D. Perkins Career and Technical Education Act and the Adult Education and Family Literacy Act are "federal public benefits" subject to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
Education Secretary Linda McMahon stated that "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 policy change affects access to dual enrollment programs, postsecondary career and technical education, and adult education programs. The department said it will send letters to postsecondary schools and adult education programs clarifying that undocumented immigrants cannot receive federal aid and may take enforcement actions against schools that do not comply by August 9.
Augustus Mays, vice president of partnerships and engagement at EdTrust, a Washington-based education equity advocacy organization, condemned the decision.
"This move is part of a broader, deeply disturbing trend," Mays said. "Across the country, we're seeing migrant communities targeted with sweeping raids, amplified surveillance, and fear-based rhetoric designed to divide and dehumanize."
Mays argued the change "derails individual aspirations and undercuts workforce development at a time when our nation is facing labor shortages in critical fields like healthcare, education, and skilled trades". He noted the decision compounds existing barriers, as undocumented students are already prohibited from accessing federal financial aid including Pell Grants and student loans.
The department maintains that the Clinton-era interpretation "mischaracterized the law by creating artificial distinctions between federal benefit programs based upon the method of assistance," a distinction the department says Congress did not make in the 1996 welfare reform law.
The change comes as President Trump proclaimed February 2025 as Career and Technical Education Month, stating his administration will "invest in the next generation and expand access to high-quality career and technical education for all Americans".
Career and technical education programs served approximately 11 million students in 2019-20, with about $1.3 billion in federal funds supporting such programs through the Department of Education in fiscal year 2021.
The interpretive rule represents the department's current enforcement position, though officials indicated they do not currently plan enforcement actions against programs serving undocumented students before August 9.
EdTrust called on policymakers, education leaders, and community advocates to oppose the change.
"We must fight for a country where every student, regardless of where they were born, has access to the promise of education and the dignity of opportunity," Mays said.
