The U.S. Capitol in Washington, D.C., on Oct. 1, 2025, with a sign advising the Capitol Visitors Center is closed due to the government shutdown.  (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — A federal judge on Friday clarified and broadened a temporary restraining order she issued earlier this week that blocks the Trump administration from laying off federal employees during the ongoing government shutdown. 

U.S. District Court for the Northern District of California Judge Susan Illston said during an emergency hearing the restraining order affects any agency that has employees who are members of the unions that brought the lawsuit or are in collective bargaining units.

The Trump administration choosing not to recognize those union activities based on an earlier executive order doesn’t mean an agency can issue layoff notices, she said. 

Illston, who was appointed by President Bill Clinton, specifically said the departments of Interior and Health and Human Services must comply with the TRO and cannot issue Reductions in Force, or RIFs. 

“It is not complicated,” Illston said. “During this time these agencies should not be doing RIFs of the protected folks that we’re talking about.” 

She also added the National Federation of Federal Employees, Service Employees International Union and National Association of Government Employees, Inc. to the lawsuit and the temporary restraining order. 

Meanwhile, as the shutdown that began Oct. 1 extends with no end in sight, administration officials said they will freeze $11 billion in Army Corps of Engineers projects and furlough Energy Department employees at the National Nuclear Security Administration.

Unions argue administration ignoring part of judge’s order

The California case was originally brought by the American Federation of Government Employees, the AFL-CIO and the American Federation of State, County and Municipal Employees.

Danielle Leonard, an attorney representing those unions, said during the hearing the Trump administration had been “overly narrowly interpreting the scope of the TRO and ignoring some of the language in the TRO.”

Leonard pointed to a brief filed by the Department of Health and Human Services that said the agency hadn’t issued any layoff notices to workers covered by the TRO, even though an earlier filing to the court said HHS had sent notices to 982 employees.

That department, Leonard said, appeared to take the position that an earlier executive order ended all union representation at HHS. 

“The government is well aware that is a disputed issue,” Leonard said. 

Elizabeth Hedges, counsel for the Trump administration, said after considerable back and forth that she didn’t agree with Leonard and the judge’s interpretation of the temporary restraining order’s impact. 

“I would submit that’s not what the TRO says,” Hedges said, though she later told the judge she would make sure the administration complied with the updated explanation of the restraining order.  

Hedges also told the judge the Interior Department didn’t previously disclose it was contemplating layoffs because officials began considering those RIFs before the shutdown and were only going to implement them during the shutdown because it’s gone on so long. 

The judge ordered the Trump administration to tell the court by 9 a.m. Pacific on Monday about any actual or imminent layoff notices under the full scope of the restraining order. 

Army Corps to pause billions in big-city projects 

White House budget director Russ Vought announced hours before the emergency court hearing the administration plans to freeze and may unilaterally cancel billions more in funding approved by Congress. 

“The Democrat shutdown has drained the Army Corps of Engineers’ ability to manage billions of dollars in projects,” Vought wrote in a social media post. “The Corps will be immediately pausing over $11 billion in lower-priority projects & considering them for cancellation, including projects in New York, San Francisco, Boston, and Baltimore. More information to come from the Army Corps of Engineers.”

The Trump administration has been cited several times by the nonpartisan Government Accountability Office for not spending money approved by Congress as lawmakers intended. 

Generally, after Congress approves a spending bill and it becomes law, the president is supposed to faithfully implement its provisions. 

Any president that wants to cancel funding lawmakers already approved is supposed to send Congress a rescissions request, which starts a 45-day clock for members to approve, modify, or ignore the request. 

The Trump administration followed that legal pathway earlier this year when it asked Congress to cancel billions in funding for the Corporation for Public Broadcasting and foreign aid. 

The House and Senate, both controlled by Republicans, approved the request after senators preserved full funding for the President’s Emergency Plan for AIDS Relief, or PEPFAR.

The White House budget office sent up another rescissions request in late August, asking lawmakers to cancel billions of additional spending on foreign aid programs. 

Neither chamber has taken action to approve that request, but Vought believes that since it was sent up within the last 45 days of the fiscal year, he is allowed to cancel that funding without congressional action. 

The GAO and Senate Appropriations Chairwoman Susan Collins, R-Maine, have both called the maneuver, known as a pocket rescission, unlawful. 

Nuclear security workers to be furloughed

The Trump administration also announced Friday that it would have more than 1,000 employees at the National Nuclear Security Administration stop working for the remainder of the shutdown, joining hundreds of thousands of others on furlough. According to its website, the NNSA’s job “is to ensure the United States maintains a safe, secure, and reliable nuclear stockpile through the application of unparalleled science, technology, engineering, and manufacturing.”

An Energy Department spokesperson wrote in an email to States Newsroom that “approximately 1,400 NNSA federal employees will be furloughed as of Monday, October 20th and nearly 400 NNSA federal employees will continue to work to support the protection of property and the safety of human life. NNSA’s Office of Secure Transportation remains funded through October 27, 2025.”

Energy Secretary Chris Wright, the spokesperson said, “will be in Las Vegas, Nevada and at the National Nuclear Security Site Monday to further discuss the impacts of the shutdown on America’s nuclear deterrent.”

During past shutdowns federal employees that must keep working as well as those placed on furlough have received back pay. But Trump and administration officials have signaled they may try to reinterpret a 2019 law that authorized back pay for all federal workers once Congress passes a funding bill and the government reopens. 

Health and Human Services Secretary Robert F. Kennedy Jr., joined by President Donald Trump, delivers an announcement on “significant medical and scientific findings for America’s children” in the Roosevelt Room of the White House on Sept. 22, 2025 in Washington, D.C. Federal health officials suggested a link between the use of acetaminophen during pregnancy as a risk for autism, although many health agencies have noted inconclusive results in the research. (Photo by Andrew Harnik/Getty Images)

WASHINGTON — A majority of Americans disapprove of Health and Human Services Secretary Robert F. Kennedy Jr.’s job performance and the federal government’s evolving vaccine policy, according to a poll released Thursday by the nonpartisan health organization KFF.

In addition, the vast majority of those surveyed have heard the unproven claims made by President Donald Trump, Kennedy and others in late September that taking acetaminophen, also known as Tylenol, during pregnancy could be one possible environmental factor in a child later being diagnosed with autism.

A total of 77% of the people KFF polled said they knew of the statements, though whether people believe the claims, which have yet to be established by the medical community, varied.

Only 4% of those surveyed said it is “definitely true” that taking Tylenol during pregnancy increases the risk of the child developing autism, and 35% said the claim is “definitely false.” Thirty percent said it is “probably true” and 30% said it is “probably false.”

Combined, 65% said it’s either probably or definitely false to say that taking acetaminophen during pregnancy increases the chance of a child developing autism, a complex disorder that experts believe is the result of both genetic and environmental factors.

When broken down by political party, 86% of Democrats, 67% of independents and 43% of Republicans said the claims were either probably or definitely false.

The survey shows 59% somewhat or strongly disapprove of how Kennedy is handling his new role at the top of the country’s public health infrastructure.

The level of support changes considerably depending on political party affiliation, with 86% of Democrats, 64% of independents and 26% of Republicans disapproving.

A slightly higher number, 62%, either somewhat or strongly disapprove of the United States’ vaccine policy.A similar trend emerged when those polled were broken up by political parties. Eighty-eight percent of Democrats, 67% of independents and 31% of Republicans somewhat or strongly disapproved of vaccine policy.

The survey shows a declining share of Americans have faith in the Centers for Disease Control and Prevention to provide trusted information about vaccines, compared with previous KFF polls in September 2023 and earlier this year.

A total of 63% of respondents two years ago trusted the CDC on vaccines, but that has declined to 50%.

Democrats’ faith in the CDC’s vaccine recommendations has dropped from 88% two years ago to 64%, independents have gone from 61% to 47% and Republicans have remained relatively steady, only going from 40% to 39%.

Across political parties, a person’s own doctor as well as the American Academy of Pediatrics and the American Medical Association remain broadly trusted for vaccine information.Eighty-three percent said they trust their doctor or health care provider, 69% believed information from the American Academy of Pediatrics and 64% had faith in the AMA.

The poll of 1,334 adults took place from Sept. 23 to Sept. 29 and had a margin of error of plus or minus 3 percentage points for the full survey. Questions broken down by a person’s political ideology had a margin of error of plus or minus 6 percentage points.

U.S. Health and Human Services Secretary Robert F. Kennedy Jr., joined by President Donald Trump, delivers an announcement on “significant medical and scientific findings for America’s children” in the Roosevelt Room of the White House on Sept. 22, 2025 in Washington, D.C.  (Photo by Andrew Harnik/Getty Images)

WASHINGTON — President Donald Trump announced Monday that his administration believes it’s found one contributing factor of autism and a possible treatment, though experts have said such claims are inconclusive and not backed by scientific evidence.

Trump and officials from his administration said during a press conference the Food and Drug Administration will move to update the label on Tylenol, also called acetaminophen, to reflect their concerns that it could potentially be one of the environmental causes of autism. Numerous medical organizations and the manufacturer say there is no proven link.

The FDA will also publish a notice in the Federal Register to change the label on leucovorin, a pharmaceutical intended to counteract the negative effects of certain cancer medications, so that doctors can prescribe it as a potential treatment for autism. 

“They are strongly recommending that women limit Tylenol use during pregnancy unless medically necessary,” Trump said. “That’s, for instance, in cases of extremely high fever that you feel you can’t tough it out. You can’t do it. I guess there’s that.”

Health and Human Services Secretary Robert F. Kennedy Jr. said the FDA “is responding to clinical and laboratory studies that suggest a potential association between acetaminophen use during pregnancy and adverse neurodevelopmental outcomes, including later diagnosis for ADHD and autism.”

Kennedy noted, however, that the FDA recognizes that Tylenol “is often the only tool for fevers and pain in pregnancy, as other alternatives have well documented adverse effects. 

“HHS wants, therefore, to encourage clinicians to exercise their best judgment in the use of acetaminophen for fevers and pain in pregnancy by prescribing the lowest effective dose for the shortest necessary duration and only when treatment is required.”

Kennedy, an environmental lawyer with no medical or research training, said in April the department will shift its research into autism toward potential environmental causes, and pledged to have “some of the answers by September.”

‘Not a single reputable study’

Trump and Kennedy’s announcement was met with deep skepticism. 

Alison Singer, president of the Autism Science Foundation, wrote in a statement released Monday that she’s “unsure why this announcement came today and how the conclusions were drawn.”

“No new data or scientific studies were presented or shared. No new studies have been published in the literature. No new presentations on this topic were made at scientific or medical conferences,” Singer wrote. “Instead, President Trump talked about what he thinks and feels without offering scientific evidence. He said ‘tough it out,’ meaning don’t take tylenol or give it to your child. It took me straight back to when moms were blamed for autism. If you can’t take the pain or deal with a fever, then it’s your fault if your child has autism. That was shocking. Simply shocking.”

American College of Obstetricians and Gynecologists President Dr. Steven J. Fleischman wrote in a statement the Trump administration’s claim about Tylenol is “not backed by the full body of scientific evidence and dangerously simplifies the many and complex causes of neurologic challenges in children.”

“In more than two decades of research on the use of acetaminophen in pregnancy, not a single reputable study has successfully concluded that the use of acetaminophen in any trimester of pregnancy causes neurodevelopmental disorders in children,” Fleischman wrote. “In fact, the two highest-quality studies on this subject—one of which was published in JAMA last year—found no significant associations between use of acetaminophen during pregnancy and children’s risk of autism, ADHD, or intellectual disability.”

ACOG writes on its website that women who experience headaches during pregnancy can use over-the-counter medications like Advil, also called ibuprofen, and Aleve, also known as naproxen, “for migraines that don’t get better with acetaminophen, but only in the second trimester and only for 48 hours or less at a time. It’s not clear if NSAIDs are safe for a fetus during the first trimester. Taking NSAIDs during the third trimester may lead to birth defects.”

Oz wants state Medicaid programs to cover prescriptions

At the press conference, FDA Commissioner Dr. Marty Makary said leucovorin could possibly help alleviate low folate levels, which may be one potential factor in autism. 

“Autism may also be due to an autoimmune reaction to a folate receptor on the brain not allowing that important vitamin to get into the brain cells,” Makary said. “We have a duty to let doctors and the public know we are going to change the label to make it available. Hundreds of thousands of kids, in my opinion, will benefit.”

Administrator of the Centers for Medicare and Medicaid Services Dr. Mehmet Oz said the agency will try to ensure anyone on a government health program can have a prescription for leucovorin covered. 

“Over half of American children are covered by Medicaid and CHIP,” Oz said. “Upon this label change, state Medicaid programs in partnership with CMS will cover prescription leucovorin around the country. It’s yours, but you have to go to a doctor to get a prescription, because they know your child, they know you and they know the medication.”

Oz said he believed that “private insurance companies will rapidly follow our lead if they have not already done so.”

CMS, he said, is also contacting state governments to aid the Trump administration in studying the use of leucovorin as a possible treatment for autism. 

“Collecting real-world data, which is what many of you have been asking us to do in the community, is fast, it is life-saving and we’ll get answers based on what happens over the next few months with this approach,” Oz said. 

NIH research projects picked

Director of the National Institutes of Health Jay Bhattacharya said his agency has selected 13 projects to receive a share of $50 million to look for autism’s root causes and therapies. 

“The studies feature a new kind of science called exposomics, where scientists consider environmental and medical factors, nutrition, events during pregnancy in combination with biology and genetics to answer vital questions about autism,” Bhattacharya said.

Bhattacharya also gave a brief description of autism spectrum disorder, noting it “encompasses a very wide range of symptoms, ranging from mild difficulties in social interactions to profoundly autistic children who experience severe disabilities in speech and behavior.

“Given this wide range of symptoms across the spectrum, it seems certain that there will be a wide range of biological contributors to explaining the cause.”

‘Findings are not entirely consistent’

The Autism Science Foundation wrote in a statement released earlier this month that “low maternal folate levels during early pregnancy have been linked in several studies to an increased risk of autism in children, though findings are not entirely consistent.”

“Data suggesting that leucovorin may be effective come from four small randomized controlled trials, all using different doses and different outcomes, and in one case, reliant on a specific genetic variant,” the Autism Science Foundation notes. “This science is still in very early stages, and more studies are necessary before a definitive conclusion can be reached.”

As for Tylenol, the Society for Maternal-Fetal Medicine released a statement earlier this month that it “continues to advise physicians and patients that acetaminophen is an appropriate medication to treat pain and fever during pregnancy.”

“At this time, the weight of scientific evidence that acetaminophen use during pregnancy causes an increased risk for autism or ADHD is simply inconclusive,” SMFM President Sindhu K. Srinivas wrote in the statement. “In maternal-fetal medicine, as in all of medicine, our recommendations are based on an evaluation of rigorous research and data, clinical expertise, and our patients’ values and preferences.” 

The statement goes on to say that “untreated fever and pain during pregnancy carry significant maternal and infant health risks. Untreated fever, particularly in the first trimester, increases the risk of miscarriage, birth defects, and premature birth, and untreated pain can lead to maternal depression, anxiety, and high blood pressure.” 

Former Chief Medical Officer at the Centers for Disease Control and Prevention Dr. Debra Houry, who resigned from the agency earlier this year, said on a call with reporters before the announcement that she was concerned the conclusions will be premature and not based on solid science. 

“As of three weeks ago, we hadn’t seen evidence that acetaminophen was linked with autism, so it’s curious to know how quickly that was developed,” Houry said. 

Tylenol has information on its website rebutting the assertion that its product has been conclusively linked as a contributor to autism diagnoses. 

“Credible, independent scientific data continues to show no proven link between taking acetaminophen and autism,” its website states. 

The company adds that the best advice is for people to talk “to your healthcare professional before taking or administering acetaminophen.”

Former Director of the Centers for Disease Control and Prevention Susan Monarez testifies before the Senate Committee on Health, Education, Labor, and Pensions in the Dirksen Senate Office Building on Sept.17, 2025 in Washington, DC. (Photo by Kevin Dietsch/Getty Images)

WASHINGTON — Former Centers for Disease Control and Prevention Director Susan Monarez testified before a U.S. Senate committee Wednesday that she was fired after just 29 days because she refused to pre-approve vaccine recommendations or fire career officials for no reason. 

Monarez, who was nominated by President Donald Trump earlier this year and confirmed by the Senate in July on a party-line vote, became a central figure in the country’s debate over public health last month after she refused to resign. 

Monarez testified that during a meeting in late August, Health and Human Services Secretary Robert F. Kennedy Jr. told her she needed to commit to approving upcoming recommendations from the Advisory Committee on Immunization Practices without reviewing any data or research. 

“He also directed me to dismiss career officials responsible for vaccine policy without cause. He said if I was unwilling to do both, I should resign,” Monarez said. “I responded that I could not pre-approve recommendations without reviewing the evidence and I had no basis to fire scientific experts.”

Monarez testified before the Health, Education, Labor and Pensions Committee during the nearly three-hour hearing that she told Kennedy if he didn’t trust her, then he could fire her.

During that same late August meeting, Monarez said Kennedy told her the childhood vaccine schedule would be changing in September and that she needed to be on board with that.

“We got into an exchange where I had suggested that I would be open to changing childhood vaccine schedules if the evidence or science was supportive,” Monarez testified. “And he responded that there was no science or evidence associated with the childhood vaccine schedule.”

ACIP is scheduled to meet Thursday and Friday at the CDC’s headquarters in Atlanta, Georgia. 

Kennedy testified before a separate Senate committee earlier this month that he did demand that Monarez fire career CDC scientists but said he didn’t tell her to accept the recommendations of the vaccine advisory panel without further review.

“What I asked her about is she had made a statement that she was going to not sign on and I wanted clarification about that,” Kennedy said at the time. “I told her I didn’t want her to have a role if she’s not going to sign onto it.”

Vaccine safety at issue

Monarez said that undermining vaccine safety will lead to an increase in preventable diseases, some of which have long-term or even lifelong consequences for children’s health. 

“I believe that we will have our children harmed for things that we know they do not need to be harmed by — polio, measles, diphtheria, chickenpox,” she said. 

Former CDC Chief Medical Officer Dr. Debra Houry told the committee there are significant ramifications if the new members of the Advisory Committee on Immunization Practices, who were appointed by Kennedy after he fired all of the former members, don’t use rigorous science and data to make their recommendations. 

“It’s going to be heartbreaking,” Houry said. “I think what concerns me is these aren’t harmless diseases. We just saw the case in California of a young child that died of encephalitis years after measles. These diseases have long-term consequences and in the U.S. we have gone so far in reversing this. We don’t want our children to die.”  

Houry was one of several CDC officials who resigned after learning about Monarez’s firing, which happened just weeks after a gunman opened fire at the CDC’s headquarters, killing a police officer. 

Both Monarez and Houry testified, in response to a question from Connecticut Democratic Sen. Chris Murphy, that confusion about vaccines and CDC recommendations had real consequences. 

“I myself was subject to threats,” Monarez said. “And I am very concerned that the further promulgation of misleading information will undermine not just the safety and health of our children, but it will also exacerbate some of these tensions — the willingness to commit harm if someone is affronted by a belief that the people like us that are trying to help them are actually not trying to help them.” 

Houry told the committee the gunman fired about 500 rounds, with approximately 180 of those hitting the building. 

“Each bullet was meant for a person, and each of my staff were very traumatized afterwards,” Houry said. “I had staff that were covering their kids in the day care parking lot. There were people that were out at the ride-share as bullets were passing over their head. I have many that won’t speak about vaccines now and removed their names off of the papers. They don’t wish to present publicly anymore because they feel they were personally targeted because of misinformation.”

‘Did we do something wrong?’

HELP Committee Chairman Bill Cassidy, R-La., said at the beginning of the hearing he intended to invite Kennedy and possibly other HHS officials to testify before his committee later in the year if they wanted to respond to what was said in the Wednesday hearing. 

He also raised concerns that Monarez was fired after less than a month in the role, despite her being nominated by Trump, confirmed by the Senate and Kennedy saying while swearing her in that she had “unimpeachable scientific credentials.”

“We as senators need to ask ourselves, did we look past something? Did we do something wrong?” Cassidy said. “It may be that we did nothing wrong, in which case, Dr. Monarez and Dr. Houry, the onus is upon you to prove that the criticisms leveled by the secretary are not true.”

Cassidy later added that “it may be impossible to learn who’s telling the truth.”

Vermont independent Sen. Bernie Sanders, ranking member on the committee, said the Trump administration’s decision to fire Monarez after less than a month in the CDC director’s role was because “she refused to act as a rubber stamp to implement Secretary Kennedy’s dangerous agenda to substantially limit the use of safe and effective vaccines that would endanger the lives of the American people and people throughout the world.”

Sanders raised concerns that the loss of career officials at the CDC and other federal health agencies could hamper the country from addressing disease outbreaks in the months and years ahead. 

Confusion over whether Monarez was recorded

There were a few awkward moments in the hearing, in addition to the serious discussion about the Trump administration’s approach to public health. 

One came after Florida Republican Sen. Ashley Moody mentioned twice during her five minutes of questions that Monarez had spoken with Cassidy about her firing, implying that was somehow improper.  

Cassidy gave a lengthy statement afterward, clarifying the record. 

“As chairman of the committee with jurisdiction over the CDC that favorably reported Dr. Monarez as the CDC director, it is entirely appropriate for someone with oversight concerns to contact my office, or me, or frankly any of us,” Cassidy said. “Upon receiving outreach from Dr. Monarez, I contacted both the secretary and the White House to inquire about what was happening and to express concerns about what was alleged. As soon as the director was fired, the HELP Committee began reviewing the situation, as it is our responsibility, and any and all communication with the witnesses was conducted by HELP staff in coordination with attorneys.”

Another somewhat uncomfortable and slightly confusing moment came after Oklahoma Republican Sen. Markwayne Mullin told Monarez that someone had recorded her meeting or meetings with Kennedy.

Mullin then repeatedly questioned her recollection of her conversations with Kennedy, implying that he had a different view because he had listened to the recording. 

The exchange led Cassidy to give another statement to the committee. He appeared somewhat frustrated that someone gave just one senator on the panel the recording, that Mullin had not shared it with any other members of the committee and that HHS had chosen not to give it to the committee in response to a request for documents related to Monarez’s firing. 

“If a recording does not exist, I ask Sen. Mullin to retract his line of questions,” Cassidy said. “I’ll also note that if he has it, I’m also curious why only one senator was given this and why we’re just hearing about it now.”

A few minutes later, Cassidy announced to the hearing room that Mullin told reporters elsewhere that he was mistaken about there being a recording of the meeting or meetings. 

Monarez lawyer

Several GOP senators on the panel also questioned Monarez at length about when and why she chose to hire legal representation and why she ultimately went with Mark Zaid, who has made public statements against Trump and his policies. 

Monarez testified that she wasn’t aware of Zaid’s political beliefs when she hired him and hasn’t spoken with him about politics. 

“I was seeking some critical counsel to be able to help me make sure that I was understanding and aware of everything that had transpired and preparing for what might be next, including this committee hearing,” Monarez said. “Mark and I have never spoken about politics. I never asked him about his politics. He has never asked me about my politics.”

Children at The Playing Field, a Madison child care center that participates in the federal Head Start program. (Courtesy of The Playing Field)

Federal judges in Rhode Island and Washington have blocked the Trump administration from excluding people without legal immigration status from a group of federal programs, including Head Start early childhood education.

On Wednesday, a federal judge in Rhode Island halted a broad array of rules based on the new immigration restrictions from taking effect. Wisconsin was one of 21 states and the District of Columbia to join that lawsuit.  

Reuters reported that a White House statement said the administration expected a higher court to reverse the decision.

On Thursday, a federal judge in the state of Washington ordered the Trump administration to pause a requirement that Head Start early childhood education programs exclude families without legal immigration status. That ruling came in a case brought by Head Start groups in four states, including Wisconsin.

Head Start programs were included in a broader federal directive that the Department of Health and Human Services (HHS) issued July 10 listing federally funded “public benefits” that must exclude immigrants without legal status under the 1996 Personal Responsibility and Work Opportunity Reconciliation Act.

Certain programs, such as Medicaid, have been required to verify lawful immigration status for participants. But since 1998, the federal government has considered a range of programs exempt that are generally open to all in a community, according to Reuters.

The July HHS order revoked the 1998 policy and closed the door to immigrants lacking legal status for Head Start along with a collection of programs providing mental health and substance abuse treatment, job training and other assistance.

On Wednesday, U.S. District Judge Mary McElroy issued a preliminary injunction that halted orders from HHS as well as the departments of Education, Labor and Justice based on the policy shift.

“The Government’s new policy, across the board, seems to be this: ‘Show me your papers,'” McElroy wrote in her order.

McElroy wrote that the administration acted “in a rushed way, without seeking comment from the public or interested parties,” likely violating the federal Administrative Procedures Act.

On Thursday, U.S. District Judge Ricardo Martinez issued a temporary restraining order directing HHS not to apply the immigration restriction to Head Start programs.

Head Start programs have never been required to determine the immigration status of families in the program since it started nearly 60 years ago, according to Jennie Mauer, executive director of the Wisconsin Head Start Association.

The Wisconsin association joined the lawsuit against the HHS order filed by the American Civil Liberties Union (ACLU) on behalf of Head Start programs in the states of Washington, Illinois and Pennsylvania as well as advocacy groups in California and Oregon.

“This ruling affirms what we know to be both right within the law and right for communities,” Mauer told the Wisconsin Examiner on Friday. “Keeping eligible Head Start Families in the program is the best outcome for Wisconsin. Kids are safer and it keeps Wisconsin working.”

Martinez wrote in a 26-page opinion focused on the Head Start portion in the HHS order that harms the plaintiffs warned of “are not merely speculative.” Martinez was appointed by President George W. Bush and confirmed in 2004.

Lawyers for the plaintiffs told the court that a Wisconsin Head Start program reported at least four families withdrew after the federal directive was issued. Several Pennsylvania programs reported withdrawals, one reported that it expects to have to close and another said it will have to close one of its rooms due to a drop in enrollment.

The plaintiffs’ arguments “detail confusion on how to comply with the Directive, how to verify immigration status, who status is based on, whether non-profits are exempt, difficulties in recruiting and families obtaining proper documentation, and the families’ overall fear that reporting immigration status will result in a choice between family safety and a child’s education,” Martinez wrote.

The directive has unclear guidance and has had a “chilling effect” on programs as well as on families who have relied on Head Start, resulting “in the immediate harm of childhood education loss” and “leading to long-term harms in development,” he wrote. “It also results in parents losing childcare, risking missed work, unemployment, forced dropouts, and inability to pay life expenses and support families.”