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Nationwide Injunction Halts Trump Move to Bar Undocumented Children From Head Start

The judge said HHS skipped legally required rulemaking, prompting the agency to consider an appeal.

Overview

  • U.S. District Judge Ricardo Martinez in Seattle issued a nationwide preliminary injunction blocking HHS from enforcing its new immigration-based Head Start restrictions.
  • In a separate case, U.S. District Judge Mary McElroy paused the policy for a coalition of 21 states plus Washington, D.C., keeping services open in those jurisdictions.
  • The July directive reinterpreted a 1996 welfare law to newly classify Head Start and many community services as federal public benefits requiring immigration status checks.
  • Martinez found HHS failed to follow required rulemaking and said the change appeared to conflict with law, concluding Head Start is primarily an educational program rather than a means-tested welfare benefit.
  • HHS said it disagrees with the rulings and is evaluating next steps, as providers report a chilling effect and filings cite agency estimates that more than 500,000 children’s eligibility could be affected, including about 115,000 currently enrolled.