NATIONAL NEWS

Treasury plans to change tax credit eligibility in a move critics say will hurt immigrant taxpayers

Nov 20, 2025, 4:37 PM

U.S. Secretary of the Treasury Scott Bessent speaks to reporters at the White House, Wednesday, Nov...

U.S. Secretary of the Treasury Scott Bessent speaks to reporters at the White House, Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Allison Robbert)
Credit: ASSOCIATED PRESS

(AP Photo/Allison Robbert)

WASHINGTON (AP) — The U.S. Treasury Department said Thursday it plans to reclassify certain refundable tax credits as “federal public benefits,” which will bar some immigrant taxpayers from receiving them, even if they file and pay taxes and would otherwise qualify.

Tax experts say immigrants brought to the U.S. illegally by their parents as children, known as DACA (Deferred Action for Childhood Arrivals) recipients, and immigrants with Temporary Protected Status are most likely to be affected by the planned change. Foreign workers and student visa holders as well as some families with children who are U.S. citizens could also be affected, depending on how the rule is written, they say.

The Treasury Department’s announcement was the latest sign of how the Trump administration has been taking a “ whole of government ” approach when it comes to immigration enforcement and looking to departments across the federal government — not just Homeland Security — to come up with ways to help carry out the president’s hardline immigration agenda.

The Treasury said in its announcement that it plans to craft new rules affecting the refunded portions of certain individual income tax credits, including the Earned Income Tax Credit, the Additional Child Tax Credit, the American Opportunity Tax Credit and the Saver’s Match Credit.

The rule-making would redefine the tax credits as “federal public benefits” within the meaning of Personal Responsibility and Work Opportunity Reconciliation Act of 1996. As a result, many immigrants with U.S. work authorization would no longer be able to receive these benefits.

According to the Tax Policy Center, undocumented immigrants who pay taxes are often not eligible for the same tax benefits as U.S. citizens, even though this group of people paid nearly $100 billion in federal, state, and local taxes in 2022.

For instance, undocumented immigrants are not eligible for Social Security retirement benefits or Medicare health insurance, even though they contribute billions of dollars to the federal payroll taxes that fund these benefits.

Critics slammed the change as a way to target immigrants as part of Trump’s broader policies.

“It’s a terrible and unfair idea to deny tax credits to people who have paid taxes and are eligible for them because of their immigration status,” said Daniel Costa, director of Immigration Law and Policy Research at the Economic Policy Institute.

“Implementing this will require determining who has status and who doesn’t, which is another way that the Trump administration will expand its deportation dragnet.”

The final regulation is expected to apply beginning in tax year 2026. Treasury Secretary Scott Bessent said in a news release that “we are enforcing the law and preventing illegal aliens from claiming tax benefits intended for American citizens.” Treasury sought a Justice Department reinterpretation of the law in order to craft the new rule, the agency said.

Carl Davis, research director of the Institute on Taxation and Economic Policy, said since people without work authorization already don’t qualify for these refundable tax credits, “the folks who are really going to be impacted are people who are really trying to do the right thing, the people authorized to work and paying their taxes.”

He said he believed the administration was trying to make the lives of taxpaying immigrants more difficult.

NYU Tax Law Center Policy Director Brandon DeBot said in a statement that the Treasury’s reinterpretation of the law in order to craft a new rule for the tax credits “overrides such clear provisions of the tax code.”

“Denying tax credits to immigrant families requires Congress to act explicitly,” DeBot said.

Davis said there probably wouldn’t be majority support for the move in Congress, which he said probably prompted the administration to act unilaterally on the issue instead.

“The American people are broadly sympathetic to the Dreamers and DACA recipients. Targeting them in this roundabout way, that’s not a policy change that would’ve had majority support in Congress,” he said.

___

Salomon contributed from Miami.

National News

Associated Press

New Orleans port sues to get control of tanker that crashed into cruise ship on Mississippi River

Just hours after a tanker in New Orleans lost its steering and slammed into a docked river cruise boat, the city’s port sued to make sure federal investigators can seize the vessel that is owned by a subsidiary of a Chinese company. All 197 passengers and crew on the American Heritage cruise ship survived Friday […]

2 hours ago

The control tower is seen at Washington Dulles International Airport after the Federal Aviation Adm...

Associated Press

Why a problem on the ground can affect flights thousands of miles away among other issues

Regional U.S. air traffic control centers communicate using a complex network that’s “one of the largest telecommunications systems in the country,” and disruptions like those seen on Friday with an hourslong, nationwide grounding of flights can reverberate widely, according to an aviation expert. Michael McCormick, a former airspace manager with the Federal Aviation Administration, said […]

2 hours ago

Aircraft are seen at Hartsfield-Jackson Atlanta International airport, Friday, Nov. 13, 2026, in At...

Associated Press

US sports scramble back to normal after FAA ground stop upends team travel

Major sporting events slowly returned to normal Saturday after the Federal Aviation Administration grounded all flights nationwide for several hours a day earlier, disrupting travel plans for professional and college teams across the country. Most college football teams playing Saturday travel the day before kickoff, and a number of games were delayed by hours to […]

3 hours ago

Associated Press

Bomb found near ethanol plant in central Illinois forces evacuations as authorities investigate

A bomb was found near an ethanol plant in central Illinois, sparking evacuations of those who live near the industrial site as law enforcement officials investigate, authorities said Saturday. The bomb was found Friday afternoon at the BioUrja Renewables facility in Peoria. While officials say the device has since been “rendered safe,” as of Saturday […]

7 hours ago

Ashley Sarracino, center, helps her nieces get dressed before participating in traditional dances i...

Associated Press

Deb Haaland breaks political barriers as Native women in her home community face hurdles

PARAJE, N.M. (AP) — On the morning of a Laguna Pueblo village’s annual Feast Day, Ashley Sarracino knelt in her family home holding clothespins between her teeth. She straightened her niece’s black cotton manta, a traditional one-shouldered dress, and tied a sash around her waist. On these days, Sarracino is a caretaker, dressing relatives for […]

7 hours ago

An injured child is treated at the Al-Aqsa Hospital, following an Israeli military strike in easter...

Associated Press

Israeli drone strike kills 2 Palestinians in Gaza, and other Mideast news

An Israeli drone strike killed two Palestinians in the Gaza Strip on Saturday, hospital officials said. Meanwhile, Iranian state TV reported that three oil tankers struck Iranian naval mines and caught fire around the Strait of Hormuz in the latest attack on shipping moving through the Persian Gulf. Here are the latest developments from the […]

7 hours ago

Treasury plans to change tax credit eligibility in a move critics say will hurt immigrant taxpayers