Weiser joins lawsuit over public benefits restrictions

DENVER — Colorado Attorney General Phil Weiser joined a coalition of 19 other attorneys general Monday in suing the federal government over new rules that restrict access to health, education and social service programs based on immigration status.

The lawsuit seeks to block the immediate implementation of federal directives issued earlier this month that reinterpret the Personal Responsibility and Work Opportunity Reconciliation Act. The new rules prohibit states from using federal funds to serve individuals who cannot verify their immigration status, including some lawful visa holders and, in practice, U.S. citizens who lack documentation.
Weiser called the shift an “erratic and irrational” move that threatens critical services across Colorado.

“A number of Colorado programs serve all comers and don’t have the capacity to evaluate immigration status,” Weiser said. “This change of longstanding policy, with no time to adjust, is going to burden and undermine these important programs, from family planning to adult education to Head Start.”

The rules were issued by the U.S. Departments of Health and Human Services, Education, Labor and Justice beginning July 10. They took effect immediately or with little notice, leaving state agencies and providers scrambling to comply. The sudden change could result in a loss of federal funding for services like Title X clinics, community health centers, adult education, mental health care and substance use treatment.

The Colorado Behavioral Health Administration warned that the change will affect programs, including the State Opioid Response Grant, the Community Mental Health Block Grant and others serving more than 30,000 people in 2024. Many of these programs are not designed to collect or verify immigration status.

Providers say the new rules may deter people from seeking help and could force some services to shut down.

The lawsuit argues the federal agencies violated the Administrative Procedure Act by bypassing public notice and comment. It also contends the rules misapply federal law and violate the Constitution’s Spending Clause by imposing new conditions on states without consent.
The coalition is asking the court to declare the rules unlawful, block enforcement through injunctions, and restore previous policy that allowed states flexibility in administering programs.

The lawsuit was led by New York Attorney General Letitia James, Washington Attorney General Nick Brown and Rhode Island Attorney General Peter Neronha. In addition to Colorado, other states joining the suit include Arizona, California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Vermont, Wisconsin and the District of Columbia.