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HR 1748119th CongressIn Committee

FEMA for America First Act of 2025

Introduced: Feb 27, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

The FEMA for America First Act of 2025 would change who can receive federal disaster assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Specifically, it would add a new section (SEC. 431) to Title IV stating that, for any individual who is otherwise eligible to receive assistance, only a “qualified alien” may receive it. The bill ties the definition of “qualified alien” to the status categories in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, but with important exclusions. Under the bill, certain categories of aliens are not considered “qualified” and thus would be ineligible for federal disaster assistance, even if they otherwise meet program rules. The key exclusions are: (A) an alien granted asylum who has not sought adjustment to permanent residence, (B) a refugee admitted to the U.S. who has not sought adjustment to permanent residence, and (C) an alien paroled into the United States under a discretionary parole authority. In effect, many non-citizens who have some form of protected status but have not pursued permanent residence would be barred from receiving federal disaster aid through programs covered by Title IV.

Key Points

  • 1The bill amends Title IV of the Stafford Act by adding a new section (SEC. 431) to govern eligibility of aliens for disaster assistance, making only qualified aliens eligible for such assistance.
  • 2“Qualified alien” is defined using the same framework as the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641), with three explicit exceptions that are not considered qualified:
  • 3- An alien who has been granted asylum but has not sought adjustment to permanent residence (under 8 U.S.C. 1101(a)(42) and 8 U.S.C. 1158 with 209(b) adjustments not pursued).
  • 4- A refugee admitted under 8 U.S.C. 1157 and who has not sought adjustment to permanent residence under 8 U.S.C. 1159(a).
  • 5- An alien paroled into the United States under 8 U.S.C. 1182(d)(5).
  • 6For aliens who are not qualified aliens, even if they would otherwise be eligible for disaster assistance, the bill would make them ineligible for such assistance under the Act.
  • 7The bill references that, in general, terms have the same meaning as in the Immigration and Nationality Act, but it narrows eligibility specifically through the qualified-alien concept and its listed exceptions.
  • 8The sponsor and introduction details: the bill was introduced in the House on February 27, 2025, by Rep. Steube (for himself and with Rep. Weber of Texas and Rep. Boebert), and referred to the Committee on Transportation and Infrastructure.

Impact Areas

Primary group/area affected- Aliens who are not considered “qualified aliens” under the bill, including asylees who have not pursued adjustment, certain refugees, and aliens paroled under 212(d)(5). These individuals would be ineligible for federal disaster relief assistance provided under Title IV of the Stafford Act.Secondary group/area affected- Federal disaster relief administrators (FEMA) and state/local emergency management agencies responsible for administering Title IV programs. They would need to determine immigration status against the new “qualified alien” standard, potentially increasing administrative requirements and documentation checks.Additional impacts- Households with mixed-status members or non-qualified aliens could see reduced access to federal disaster aid, which may affect housing, recovery, and other disaster-related support.- Potential fiscal impact on federal disaster relief spending due to narrowed eligibility, and possible shifts in who receives aid.- Possible implementation and enforcement considerations, including how aid determinations are documented and challenged, and potential questions about compliance with existing civil rights or anti-discrimination considerations (though the bill itself focuses on eligibility by immigration status).- State and local governments’ disaster response plans may need to adapt if federal aid eligibility criteria become more restrictive, influencing local emergency planning and resource allocation.The full text provided includes the new SEC. 431 and its definitions, but does not show other potential related provisions that might accompany amendments elsewhere in the Act. The analysis focuses on the stated change: tying disaster-aid eligibility to a narrower set of “qualified aliens” with explicit exceptions for certain asylees, refugees, and parolees.
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