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.”

Children enrolled in the Head Start early education program operated by Western Dairyland Economic Opportunity Council. (Photo courtesy of Western Dairyland EOC)

A new Trump administration federal rule would bar immigrants without legal status from a range of public programs, canceling a policy that was implemented nearly three decades ago.

The change bars the children of those immigrants from the Head Start child care program. It also closes the door to immigrants lacking legal status for various programs that provide mental health and substance abuse treatment, job training and other assistance.

Head Start, which provides early education and child care for low-income families, has never been required to ascertain the immigration status of its families, said Jennie Mauer, executive director of the Wisconsin Head Start Association.

Families enrolling in the program have to provide a variety of pieces of information to verify they are eligible, Mauer told the Wisconsin Examiner Monday, and the programs are “very compliance oriented” and collect “exactly what they have to collect.”

Mauer said a trusting relationship between Head Start programs and the families they serve is important.

“We’re serving some of the neediest families in our community,” she said. Some have had “challenging relationships” in the past with schools and other government agencies — making nurturing that trust even more critical, she added.

The federal Department of Health and Human Services (HHS) issued a notice July 10 that declared Head Start and a list of other federally funded programs would now be considered “public benefits” that exclude immigrants without legal status under a law enacted in 1996. The notice revokes a policy enacted in 1998 that had exempted the affected programs from the 1996 law.

The federal announcement said that the policy change was instituted to “ensure that taxpayer-funded program benefits intended for the American people are not diverted to subsidize illegal aliens.”

Mauer said there has been no implementation guidance from HHS since the notice.

The Wisconsin Head Start Association is among the plaintiffs in a lawsuit filed in April by the American Civil Liberties Union opposing Trump administration actions against Head Start. The other plaintiffs include parent groups in Oregon and in Oakland, California, along with state Head Start associations in Washington, Illinois and Pennsylvania.

In a statement Friday the plaintiffs said they will amend the lawsuit if the administration follows through with the limits in the July 10 announcement.

Mauer said that the Wisconsin association is advising Head Start providers to “refrain from making any immediate changes to enrollment policy until they have an opportunity to fully evaluate their legal obligations.”

She said the notice has heightened concern about the safety of children whose families might be targeted by the new federal stance. But it will affect the entire program, she said.

Mauer said a second concern is that the policy could lead some families to take their children out of the program despite their need for it. If enrollment falls below the federally prescribed level of 97% of capacity, she’s concerned that the federal government might then take back grant money — creating “a negative feedback loop,” she said.  

“I am so afraid for our families,” Mauer said. “This is fracturing the safety of all of our children. This will hurt all of the children in Head Start.”