For anyone planning to study, work, or establish residency in the United States, understanding the federal Department of Education (ED) and the country’s educational regulatory landscape is part of the adaptation roadmap. The agency has historically concentrated federal resources for schools, universities, and students across the country, but since 2025 has been undergoing its largest reorganization since its founding.
In March 2025, President Donald Trump signed an executive order directing the dismantling of the Department of Education and the transfer of its functions to other federal agencies. The measure did not immediately eliminate the ED, which continues operating with a reduced staff, but initiated a transition period whose practical effects are still being absorbed by states, schools, and students in 2026. This analysis updates what the department does today, what is being redistributed, and what that means for immigrants and international students.
Origins and Historical Role
The ED was elevated to cabinet-level status in 1979 under President Jimmy Carter, although federal educational activities have existed since 1867, when the Office of Education was created to collect statistics on schools. Headquartered in Washington, D.C., the department managed for decades one of the largest discretionary budgets in the federal government: approximately $268 billion in fiscal year 2024, equivalent to roughly 4% of the total federal budget.
Despite its robust budget, the ED never operated schools. K-12 education in the United States has always been the primary responsibility of states and local school districts. The federal role has always been supplementary: funding targeted programs, enforcing civil rights laws in school environments, and administering loans and grants for higher education.
The 2025 Reorganization
The March 2025 executive order instructed Secretary of Education Linda McMahon to begin the process of transferring ED’s responsibilities to other federal agencies. A full closure of the department, however, requires congressional approval — a step not completed as of this writing. The practical result in 2026 is a hybrid model:
- Federal student loans in the process of migrating to the Department of the Treasury and the Small Business Administration.
- Special education programs (IDEA) and protections for students with disabilities relocated to the Department of Health and Human Services.
- Pell Grants and Title I remain under the administration of a lean team within what remains of the ED, with decisions pending on their final destination.
- Office for Civil Rights (OCR), responsible for enforcing Title IX, Title VI, and Section 504, has faced deep staff cuts, with cases being transferred to the Department of Justice.
For the immigrant community and international students, the central message is that programs remain active in 2026, but the administrative window, response timelines, and service channels have changed. Before beginning any application for a federal education benefit, it is worth confirming the current responsible agency.
Active Funding Programs
Pell Grants
Pell Grants are non-repayable federal grants for low-income undergraduate students. The maximum award for the 2025–2026 academic year reached $7,395 per student per year, according to Federal Student Aid. U.S. citizens and permanent residents (green card holders) may apply; students on nonimmigrant visas, such as F-1 and J-1, are generally not eligible.
Federal Student Loans
Direct loans from the federal government — Direct Subsidized, Direct Unsubsidized, PLUS, and Consolidation — remain available in 2026, with rates and limits published annually by Federal Student Aid. For the 2025–2026 academic year, the fixed rate for Direct Subsidized and Unsubsidized undergraduate loans was set at 6.53%. The administrative migration to the Treasury did not alter existing contractual terms.
Title I and IDEA
Title I of the Elementary and Secondary Education Act directs resources to schools with high concentrations of low-income students. The Individuals with Disabilities Education Act (IDEA) guarantees a free and appropriate public education to students with disabilities. Both programs remain active in 2026, although under administrative oversight that is being redefined.
K-12 Basic Education
For immigrant families with school-age children, the most important news is straightforward: public K-12 education continues to be a right for any child residing in the United States, regardless of immigration status. The Supreme Court’s decision in Plyler v. Doe (1982) guarantees this access, and no administrative reorganization in Washington alters that constitutional guarantee.
Curricula, assessment standards, the school calendar, and enrollment criteria continue to be set by state education departments and local school districts. To enroll a newly arrived child, the typical documentation required is proof of residence in the district, a birth certificate, vaccination records, and prior school records — not proof of immigration status.
Higher Education and International Students
American universities continue to attract international students in 2026, but the regulatory landscape has also shifted. The key points that F-1 or J-1 visa applicants should keep in mind:
- SEVIS and the I-901 fee remain mandatory for the issuance of Form I-20 or DS-2019.
- Optional Practical Training (OPT) of 12 months post-graduation remains active, with a 24-month STEM extension for eligible fields.
- Federal loans remain restricted to citizens and permanent residents; international students generally rely on private financing or institutional scholarships.
- English as a Second Language (ESL) classes in public K-12 schools are a federal and state obligation and remain available to immigrant students.
Vocational Education and Adult Immigrants
For adult immigrants who need to revalidate credentials or learn a new profession, programs funded by the Workforce Innovation and Opportunity Act (WIOA) remain available at American Job Centers across the country. Adult education courses, GED preparation, and vocational training are, in many states, free for legal residents.
Before Making Decisions
With the landscape in transition, a simple routine is recommended before any decision involving a federal education benefit:
- Confirm on the current agency’s official website which department administers the program in question.
- Verify eligibility based on immigration status; Pell Grants, for example, require permanent residency or citizenship.
- Check updated FAFSA deadlines, which remain centralized at the Federal Student Aid portal.
- For discrimination or civil rights issues in a school environment, determine whether the case is still handled by the OCR or has been transferred to the Department of Justice.
The American educational system remains one of the most complex in the world in terms of multilevel governance. For immigrants and international students, paying attention to official sources and periodically confirming program details and deadlines is part of the planning routine — especially during a period of federal reorganization whose final shape is expected to solidify in the coming years.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.