On July 10, 2025 the U.S. Department of Education (ED) announced it would end the “subsidization of illegal aliens in career, technical, and adult education programs.” The new Notice of Interpretation applies to all CTE programs under the Carl D. Perkins Career and Technical Education Act (Perkins V) which provides over a billion dollars annually to programs across the country.
By rescinding a 1997 Dear Colleague Letter, the ED argued that career, technical, and adult education programs were subject to the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) which limits eligibility for federal public benefits to U.S. citizens, permanent residents, and qualified aliens. The PRWORA defines “federal public benefits” to include “postsecondary education…or any similar benefits for which payments or assistance are provided.”
The Notice of Interpretation states that non-qualified alien adults are not permitted to receive education benefits and non-qualified alien children are not eligible to receive postsecondary education benefits, which includes dual enrollment and other early college programs that provide students the opportunity to earn college credits such as College Credit Plus (CCP).
The ED maintains that this decision is in line with the Supreme Court’s decision in Plyler v. Doe, which established that states cannot deny undocumented children access to a public K-12 education. Congress has since codified the Plyler ruling in the PRWORA, expressly exempting basic public education benefits from the act. But the Department “does not interpret Plyler as conferring any rights to adults. Nor does the holding in Plyler reach the question as to whether a minor has the right to postsecondary education,” and the ED has taken the position that anything beyond basic public education benefits received by children may be denied to undocumented students.
What this means for schools. Allowing non-citizen students to enroll could jeopardize receipt of federal funds. The ED has stated that letters will be sent to all Perkins V grantees discussing eligibility verification. However, enforcement has been paused through September 10, 2025 as part of an ongoing lawsuit. At that point, CTCs will be obligated verify the citizenship status of students in their programs. Plyler does not entirely insulate traditional secondary schools from these requirements. In many cases, enforcement can be left to institutions of higher education, but districts may want to warn students interested in enrolling in CCP programs of the new verification requirements in case their immigration status might impact their ability to enroll in the programs under the new interpretation.