A federal judge in Seattle granted the ACLU’s request to block a directive from the Trump administration that sought to exclude certain immigrant families from Head Start for the first time in the program’s 60-year history.
“Immigrants are threaded through the fabric of our communities and threatening them tears communities apart,” says Clarissa Doutherd, a leader in parent advocacy.
Head Start is a federal program providing free education and development services to families and children from birth to age five who come from low-income families – around 40 million children and families across the country. The Trump administration has banned any activities related to diversity, equity, inclusion, and accessibility, and carried out mass layoffs of staff and closures of offices tasked with supporting Head Start providers. These actions have hindered programs from fulfilling their mission. The ban has allowed the Department of Health and Human Services (HHS) to weaponize its administrative function to enforce compliance with ambiguous and undefined terms.
In July, HHS issued a new directive, which excluded many immigrant families from accessing Head Start by restricting participation based on immigration status for the first time in the program’s history. The new policy excludes undocumented residents and some lawfully residing immigrants. The new ruling prevents the department from implementing the directive and prohibits the government from enforcing it against Head Start agencies, providers, and participants. While the recent ruling ensures that immigrant families will be able to continue accessing critical services while the challenge is pending, the legal block is temporary.
Parents and Providers Join ACLU to Defend Immigrant Families in Head Start
Doutherd, the executive director of Parent Voices Oakland, is part of a coalition of parents and Head Start providers who joined the ACLU in a lawsuit challenging the Trump administration’s coordinated and unlawful efforts to dismantle the Head Start program.
Doutherd heads a nonprofit that organizes, supports, and empowers parents and caregivers to increase access to affordable and high-quality early education and childcare in Oakland. As a mother who has experience navigating the early education and childcare system with a low-income background, Doutherd understands the gap Head Start fills for parents in the California Bay area.
For immigrant parents in particular, Doutherd says they often rely on the culturally and linguistically appropriate resources provided by Head Start programs, such as dual-language curriculum and learning materials, interpretation services, translated materials, and other resources. Participation in Head Start also allows parents and caregivers to go to work and school, get groceries, attend medical appointments, and otherwise care for themselves and their families.
“The sudden loss of access to Head Start’s early childhood education programs would be devastating to their children’s development and well-being,” Doutherd says, adding that a potential disruption would “be even more severe for children who have disabilities, children who are experiencing developmental delays, and children who are experiencing homelessness, housing insecurity, financial instability, or other trauma.”
Head Start Leaders Warn Trump Policy Would Devastate Enrollment
According to Lauri Morrison-Frichtl, executive director of the Illinois Head Start Association, the program serves more than 28,800 low-income children and their families in the state. Approximately 33 percent of children are dual language learners. Without Head Start, providers in the state anticipate their enrollment could decline by 20 percent or more – including children who are no longer eligible, children most at risk, and eligible children and families who are deterred from participating.
“Our programs already see families living in fear — including refugees, undocumented parents, and those here on student visas,” Morrison-Frichtl says. “Many are paralyzed, unsure if it’s safe to bring their children to Head Start.” Morrison-Frichtl added that the directive sowed fear in the community and concern about losing critical educational opportunities.
From an administrative perspective, Morrison-Frichtl added Head Start providers do not have the infrastructure in place to verify immigration status of applicants. They would have to divert staff away from core activities to train them on the directive. Illinois Head Start could also lose members – and dues funding – forcing the program to reduce staff or shutter altogether.
The temporary block will allow Illinois Head Start to focus on meeting the critical needs of its members and protect families from immigration consequences, Morrison-Frichtl says.
Wisconsin Head Start Executive Director Jennie Mauer says the program faces similar concerns. Wisconsin Head Start serves 15,000 of the state’s most vulnerable children and their families. Like other Head Start programs in rural areas, it offers a migrant and seasonal program for more than 300 children whose families work in Wisconsin’s dairy farms and other agricultural facilities. It also operates Head Start programs in federally recognized Native American tribes in Wisconsin, serving 1,000 children. The program received $168 million in grants from the U.S. Department of Health and Human Services.
“Head Start Programs are particularly important in Wisconsin’s rural and agricultural areas,” Mauer says, noting that dairy farms are largely staffed by Latino immigrants. “In many communities, Head Start may be the only early education option available to low income working families.”
Limiting eligibility for Head Start could decrease enrollment by 30 percent in Wisconsin. Along with reduced eligibility, she also worries families who are eligible will take their kids out of Head Start for fear of immigration consequences.
“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,” says Jennesa Calvo-Friedman, senior staff attorney in the Women’s Rights Project at the ACLU. She adds that the government does not have the authority to impose immigration-based restrictions on Head Start families.
No parent should have to choose between their child’s education or their family’s safety. The ACLU will fight to ensure that the block is put permanently in place and will continue to challenge any attacks to this vital program.
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