President Donald Trump's administration announced restrictions for immigrants lacking permanent legal status from accessing certain education and health-related federal programs in a directive last week.
The new rule from the U.S. Department of Health and Human Services rescinds a nearly 30-year interpretation of the Personal Responsibility and Work Opportunity Reconciliation Act, which exempted several community-based grant programs from requirements to collect information, such as proof of legal status.
"For too long, the government has diverted hardworking Americans' tax dollars to incentivize illegal immigration," said Secretary Robert F. Kennedy, Jr. in a press release.
The Trump administration directive redefines "federal public benefits," which previously included 31 programs that only "qualified aliens," like asylum-seekers and refugees, could access. Now, 13 more programs have been added to that list, meaning "non-qualified aliens," such as DACA recipients and those with Temporary Protected Status, can no longer access them.
Those additional benefits include Certified Community Behavioral Health Clinics, the Health Center Program and Head Start, which provides comprehensive early childhood education, health, nutrition and family support services to low-income children and families.
"Head Start's classification under the new PRWORA interpretation puts American families first by ensuring taxpayer-funded benefits are reserved for eligible individuals," said Acting Assistant Secretary at the Administration for Children and Families Andrew Gradison in a press release.
Katie Hamm worked in the same division under the Biden Administration, serving as the deputy assistant secretary for early childhood development for four years. She said it is usually up to local communities to determine which families most need Head Start services, and the federal government has never dictated who should be served based on immigration status.
Currently, there is no guidance available for implementation. The Department of Health and Human Services said it will issue further guidance to affected programs. It's unclear whether a parent's or child's immigration status would be relevant and how programs would need to document if someone is a "qualified alien."
Hamm said Head Start providers across the country have expressed confusion and concern about the change.
"This whole process is very high stakes for Head Start grantees, and they've been left without any information," Hamm said.
She said she worries the guidance will prevent people who do qualify from seeking services.
"Regardless of what the guidance ultimately says, it will have a chilling effect on people's willingness to participate in Head Start," Hamm said. "Both because of confusion and because of fear."
She urges providers not to change their operations or turn anyone away before more details are released. She estimates about 70% of Head Start programs could be exempt, because federal statute says nonprofit organizations cannot be required to verify a person's immigration status.
According to the Head Start Act, once a child is deemed eligible for services, they remain qualified through the next program year. Hamm said no one should be disenrolled because of status before then.
Parents and Head Start providers from multiple states filed a lawsuit against the Trump Administration, alleging that the federal government was attempting to dismantle the program illegally.
The coalition moved to amend its complaint Tuesday, arguing that by expanding the definition of "federal public benefit" to include Head Start, the federal government violated the Administrative Procedure Act and acted in excess of its statutory authority. The group is seeking to pause the directive's enforcement and implementation.
Hamm said the program has been a landing place for children and families of all backgrounds for decades, providing invaluable services to ensure children are cognitively, physically and emotionally ready to learn.
"This is a pretty seismic shift in the philosophical and statutory grounding in Head Start, which is really around meeting community needs, tailoring services to each child and not asking where a child came from but really just embracing them and supporting them on their educational journey," Hamm said.
The notice has a 30-day comment period available on the Federal Register's website.
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