Stephen Miller, President Trump’s Deputy Chief of Staff for Policy, recently framed post-WWII history as a story of the West “opening its borders,” funding “welfare” for newcomers, enabling remittances, and giving “preferential legal and financial treatment” to immigrants over “native citizenry.”
Strip away the grand historical narrative and you’re left with a testable claim: Do immigrants in the U.S., as a class, receive net legal and financial preference over similarly situated citizens?
The answer, according to U.S. law, is largely no.
Political Rights: No “Full Franchise”Political Rights: No “Full Franchise”
Non-citizens cannot vote in federal elections. it is a federal crime. The notion of “full franchise” for immigrants doesn’t match reality. Citizens hold the stronger baseline: they can’t be removed from the country and possess broader political rights by default.
Legal Treatment: Access Isn’t PreferenceLegal Treatment: Access Isn’t Preference
The most-cited example of immigrant “access” is K-12 public education. The Supreme Court’s Plyler v. Doe decision prevents states from barring undocumented children from free public schools. But this represents equal access to a public service, not preferential treatment. Citizen children receive the same education.
Non-citizens have due process rights in immigration proceedings, but these protections don’t constitute preference over citizens. Citizens simply can’t be removed from the country, a fundamentally stronger legal position.
Financial Treatment: Where the Claim Breaks DownFinancial Treatment: Where the Claim Breaks Down
This is where Miller’s assertion most clearly contradicts policy reality.
Health Coverage
Undocumented immigrants cannot obtain ACA Marketplace coverage. Medicaid and CHIP eligibility depends on immigration status, timing, and work history, with undocumented immigrants generally ineligible for full Medicaid. There’s a narrow exception for emergency Medicaid, but emergency care isn’t “preference”. It's an exception.
Cash Assistance and Food Programs
The 1996 Personal Responsibility and Work Opportunity Reconciliation Act imposed major restrictions on immigrant benefit eligibility. This includes the well-known five-year bar preventing many lawful immigrants from accessing key means-tested benefits. Supplemental Security Income has especially strict limits for non-citizens, and SNAP eligibility is restricted for many immigrant categories.
The Tax Reality
Unauthorized workers often pay payroll taxes while receiving minimal Social Security benefits from those contributions. One Social Security Administration chief actuary estimate found roughly $13 billion in payroll taxes from unauthorized work in 2010, compared to roughly $1 billion in benefits attributable to those earnings. This pattern is the opposite of preferential financial treatment.
Tax credits are similarly restricted. The Earned Income Tax Credit requires a valid Social Security number. An Individual Taxpayer Identification Number doesn’t qualify. The Child Tax Credit likewise requires SSNs per IRS guidance.
The Remittance NarrativeThe Remittance Narrative
Remittances exist, but the implied mechanism—taxpayer welfare funds being sent abroad—isn’t the dominant U.S. pattern. The simpler reality: remittances largely come from earned income, not welfare programs that are already restricted for non-citizens.
The Fiscal Bottom LineThe Fiscal Bottom Line
The National Academies’ comprehensive analysis found that first-generation immigrants can be more costly at state and local levels, partly due to schooling expenses, but the second generation are among the strongest fiscal contributors. Long-run impacts vary by cohort, age, and jurisdiction. This doesn’t resemble “preferential treatment over natives. It reflects lifecycle effects and generational integration.
What Would Actually Prove the ClaimWhat Would Actually Prove the Claim
To validate “preferential legal and financial treatment over native citizenry,” you’d need explicit policies giving higher benefit levels or legal priority to non-citizens over citizens in comparable situations, plus consistent net fiscal transfers favoring newcomers after taxes, benefits, and services are netted out.
Most of what U.S. law provides is the opposite: restrictions, bars, and category limits, with narrow humanitarian exceptions.
The Closest HookThe Closest Hook
Targeted benefits do exist for humanitarian categories like refugees, asylees, and parolees—sometimes exempt from the five-year bar and time-limited for resettlement purposes. But this isn’t “immigrants as a class” receiving preference “over natives.” It’s specific, temporary assistance for populations fleeing persecution or disaster.
The Real QuestionsThe Real Questions
If the goal is maintaining a functional welfare state and social trust, the substantive questions involve capacity and policy design: housing availability, labor market absorption, enforcement competence, and benefit eligibility rules. “Reverse colonization” metaphors that don’t match U.S. eligibility law obscure rather than illuminate these debates.
What’s the strongest U.S. evidence that non-citizens receive net preference over comparable citizens—measured, not narrated?
https://x.com/StephenM/status/2008035701804208224
https://www.law.cornell.edu/uscode/text/18/611
https://www.oyez.org/cases/1981/80-1538
https://www.healthcare.gov/immigrants/
https://www.congress.gov/crs-product/R46510
https://twiiit.com/StephenM/status/2008035701804208224