Under a recent shift, HHS now considers SAMHSA grants to be “federal public benefits” subject to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). That law limits access to such benefits based on immigration status, potentially excluding a significant portion of New York’s youth population from receiving help.
New York City officials argue that this reinterpretation is both harmful and unlawful. In partnership with New York State Attorney General Letitia James and a coalition of 21 other attorneys general, the city has filed a declaration in federal court urging the withdrawal of the policy change.
According to the city’s legal filing, requiring immigration status verification as a condition for access to SAMHSA-funded services would deter families from seeking help for mental health and substance use issues. It could also compromise the city’s efforts to divert youth from the criminal justice system and school discipline through early intervention.
“Our youth deserve access to mental health care, no matter where they come from,” said New York City Mayor Eric Adams in a statement. “We are taking a stand to protect the health and future of our children and the integrity of our public health system.”
The city’s Department of Health and Mental Hygiene (DOHMH), which currently receives over $3 million in SAMHSA funds annually, uses the grants to operate school-based mental health initiatives and other youth-focused programs. Officials warn that withdrawing or limiting this funding could significantly reduce service availability, particularly in low-income and immigrant-heavy neighborhoods.
The lawsuit underscores the city’s broader strategy to push back against federal regulations seen as discriminatory or damaging to public welfare. Advocates say that if the new policy remains in place, it will create barriers not only to treatment access but also to trust between communities and public health institutions.
