DoJ Ruling Could Impact Who Qualifies for Lifeline

On May 28, 2026, the U.S. Department of Justice's Office of Legal Counsel issued a "slip opinion" concluding that the Federal Communications Commission's Lifeline program—which helps low-income consumers pay for phone and broadband internet service—must comply with a 1996 federal welfare law that limits certain government benefits to U.S. citizens and specific categories of lawfully present non-citizens. The opinion also concludes that the FCC's current enrollment process does not adequately verify immigration status. If the FCC acts on this opinion in a proceeding it opened earlier this year, millions of current and prospective Lifeline subscribers could be affected. Opinions of the OLC are just that—OLC’s view of legal issues. They are not binding on independent agencies like the FCC or on reviewing Courts. In fact, other recent OLC opinions on the same issue have been enjoined by the federal courts pending the outcome of litigation.