Judge grants preliminary injunction blocking a directive from the HHS that seeks to limit access to Head Start based on immigration status
September 11, 2025 3:59 pm
SEATTLE – In a win for working families, a federal judge has granted a preliminary injunction effectively blocking an exclusionary directive of the U.S. Department of Health and Human Services’ (HHS), which sought to shut out immigrant families from participating in Head Start based on their immigration status for the first time in the program’s history since it was created in 1965. The ruling prevents the HHS directive from going into effect and enjoins the government from implementing or enforcing it against any Head Start agencies, program providers, student or family participants, or other similar persons.
“This ruling is a powerful affirmation that every child, no matter their background or immigration status, deserves access to early education and support,” said Joel Ryan, executive director of theWashington State Head Start & Early Childhood Education and Assistance Program. “Head Start programs in Washington see every day how Head Start strengthens families and uplifts entire communities. The court’s decision allows us to keep serving the children and families who need us most.”
“Today’s decision is a powerful step toward protecting access to early education and care for Head Start children and families all across the nation,” said Candice Williams, executive director of Family Forward Oregon. “This ruling ensures some stability for families and caregivers during a tumultuous time in our country. With so many attacks against our immigrant community, ensuring they do not lose access to Head Start is a tremendous win for children and families. This is only one win of many to come! We will not stop fighting.”
The directive, which was issued this past July, aimed to reinterpret the definition of “federal public benefit” under the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) to include Head Start — effectively making many immigrant children ineligible for the first time in the program’s history. This action has created confusion and fear among providers and families alike, leading young children to lose critical education.
In April, the American Civil Liberties Union’s Women’s Rights Project, the ACLU of Washington, the ACLU of Illinois, the Impact Fund, filed a lawsuit on behalf of Parent Voices Oakland and Family Forward Oregon, and the Head Start Associations of Washington state, Illinois, Pennsylvania, and Wisconsin.
In July, plaintiffs sought emergency relief to stop 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.
Below are statements from litigators:
“Today the court was clear: HHS does not have the authority to impose an immigration-based restriction on Head Start families,” said Jennesa Calvo-Friedman, senior staff attorney in the Women’s Rights Project at the ACLU. “No child and no family should have to fear accessing critical early learning services, and we will continue to defend the families that Head Start aims to serve.”
“Our Constitution establishes a three-part system of government to make sure there are checks and balances on the power of any one branch to radically undermine American values and democracy,” said Lori Rifkin, litigation director at the Impact Fund. “Today, the court protected our democratic process by upholding the goals of Congress in establishing the Head Start program and rejecting the Trump Administration’s illegal attempt to deny children crucial educational opportunities based on immigration status.”
“The court today protected the children and families that rely on Head Start across Washington state. Head Start programs provide crucial early learning support not only to the children and families that participate in them, but also entire communities facing barriers created by systemic inequality and racism,” said Brent Low, ACLU of Washington staff attorney. “Under the law, access to these critical programs has never been — and should never be — based on immigration status.”
“Today’s ruling protects essential early childhood education for families across the country. It also reaffirms that no president can bypass Congress or rewrite law by executive edict,” said Allison Siebeneck, director of the Women’s and Reproductive Rights Project at the ACLU of Illinois. “Our system does not place unchecked power in any one branch – including a president who believes they are unbound by laws and tradition.”