Plaintiffs in Head Start Lawsuit File Motion to Amend Complaint to Challenge New HHS Rule Targeting Immigrant Families
The new HHS rule seeks to block certain children from accessing Head Start for the first time in the program鈥檚 60-year history.
SEATTLE, Wash. 鈥 Today, parent advocacy groups and a coalition of Head Start providers 鈥 plaintiffs in an ongoing lawsuit challenging the Trump administration鈥檚 unlawful attacks on the Head Start program 鈥 announced they have requested to amend their complaint to challenge the U.S. Department of Health and Human Services鈥 (HHS) latest directive, which seeks to exclude many immigrant families from accessing early childhood education by restricting participation in Head Start based on immigration status.
Yesterday, reinterpreting a nearly 30-year-old law to expand the definition of 鈥渇ederal public benefit鈥 under the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) to now include Head Start 鈥 effectively making some immigrant children ineligible for the first time in the program鈥檚 history. The agency provided no implementation guidance to Head Start agencies and declared the policy effective immediately, while also noting that PRWORA鈥檚 verification requirements remain unchanged. The lack of clarity around how the directive will be enforced is creating confusion and fear among providers and families alike.
鈥淚n Chicago, our programs already see families living in fear 鈥 including refugees, undocumented parents, and those here on student visas. Many are paralyzed, unsure if it鈥檚 safe to bring their children to Head Start. This directive adds to that fear, denying children critical educational opportunities and threatening the well-being of entire communities,鈥 said Lauri Frichtl, executive director, Illinois Head Start.
In response, plaintiffs are seeking to amend their lawsuit to challenge this unlawful reinterpretation, which contradicts PRWORA and the Head Start Act and threatens to undermine a program that has served over 40 million children and families across the country.
"In Alameda County, hundreds of children and thousands of jobs will be affected by this directive. Locally over half of the children from these programs come from immigrant families and the directive will significantly chill participation in our Head Start programs,鈥 said Clarissa Doutherd, executive director of Parent Voices Oakland. 鈥淚mmigrants are threaded through the fabric of our communities and threatening them tears communities apart.鈥
The plaintiffs include parent groups Parent Voices Oakland and Family Forward Oregon, and the Head Start associations of Washington state, Illinois, Pennsylvania, and Wisconsin. Plaintiffs in the case are represented by the 吃瓜直播, the 吃瓜直播 of Washington, the 吃瓜直播 of Illinois, and the Impact Fund.
鈥淗HS is defying Congress by attempting to impose an immigration-based restriction that neither PRWORA nor the Head Start Act requires or permits,鈥 said Ming-Qi Chu, deputy director of the Women's Rights Project at the 吃瓜直播. 鈥淚n the nearly 30 years since Congress enacted PRWORA, Head Start has never been understood as a 鈥榝ederal public benefit.鈥 Reinterpreting PRWORA now to exclude immigrant children is unlawful and a direct attack on some of the very families this program was created to serve. It is clearly inconsistent with the statute鈥檚 text and Congress鈥 purpose.鈥
鈥淣ot only are these exclusions illegal, but the administration has escalated its attack on Head Start, children, and families by declaring that HHS鈥檚 unilateral reinterpretation of a law passed by Congress takes effect immediately. This is a clear attempt to evade the required review process, and we are asking the Court to hold the administration accountable to the rule of law,鈥 said Lori Rifkin, litigation director at the Impact Fund.
The administration's staff cuts, delays, and immigration directive threaten the vital early education, health, and social services that more than 800,000 children and families rely on each year. Plaintiffs are urging the court to declare this multi-pronged dismantling of Head Start unlawful and unconstitutional, and to block the administration鈥檚 continued defiance of Congress鈥 mandate to serve low-income families.
An overview of the case can be found here.
A copy of the motion to amend complaint can be found here.
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