A federal judge in Rhode Island struck down a Trump administration policy that barred some immigrants from Head Start, community health centers and adult education programs, ruling
that the administration skipped the required public notice-and-comment process.
U.S. District Judge Mary McElroy called the directive “unlawful” and “procedurally invalid,” according to the Associated Press story carried by ABC News. She ruled Monday, Sept. 21,
according to press releases from the New York attorney general and the California attorney general. The AP story carries a Sept. 22 date. The ruling granted summary judgment to the states and set aside the agencies’ directives, according to a News247Plus report. The case is New York et al. v. U.S. Department of Justice et al., No. 1:25-cv-00345, according to the states’ 2025 court order.
What the Trump Administration Policy Required
The policy started with a notice the Department of Health and Human Services published in the Federal Register on July 14, 2025. The notice reinterpreted the term “federal public benefit” in the 1996 welfare law known as the Personal Responsibility and Work Opportunity Reconciliation Act.
The notice took effect on publication, and it offered a 30-day comment period. In it, HHS said it believed Head Start was a “similar benefit” to welfare benefits Under the reinterpretation, people classed as “nonqualified aliens” would lose access to the programs.
The AP said that group includes people in the country illegally, holders of work and student visas, recipients of Temporary Protected Status and recipients of Deferred Action for Childhood Arrivals. The AP listed Head Start, community health clinics, adult education, domestic violence shelters and food banks among the affected programs.
The Departments of Education, Labor and Justice issued parallel directives in July 2025, according to the New York attorney general’s office. The California attorney general’s office said the states added the Department of Housing and Urban Development as a defendant in December 2025 and reached an agreement with it to stay enforcement.
Head Start had cumulative enrollment of 805,919 in the 2024 fiscal year, with 715,873 funded slots and a federal budget of $12.27 billion, according to the Office of Head Start.
Why the Notice-and-Comment Process Decided the Case
The Administrative Procedure Act requires federal agencies to give the public notice of a proposed rule and a chance to comment before making certain rules final. McElroy ruled that
the administration bypassed that process, the AP reported.
The ruling turned on procedure, not on whether the administration may ever change who qualifies for the programs. The AP
reported that the administration can still pursue changes through proper channels, and the Milwaukee Neighborhood News Service reported that the agencies could reissue the policy after taking public comment.
McElroy had issued a preliminary injunction on Sept. 10, 2025. In that order she wrote that the government’s position meant it had misread the statute for “nearly thirty years,” Chalkbeat reported.
Who Sued and What They Said
The number of states differs by source. The New York attorney general’s office counted 21
attorneys general, James plus 20 others. The AP counted 20 states and Washington, D.C. Hoodline reported 19 states and the District.
The attorneys general argued the policy would upend three decades of precedent, deter immigrants from seeking services and create barriers even for citizens who cannot easily
document their status. They also argued the administrative burden could force some services to
close, the AP said.
New York Attorney General Letitia James said the administration’s “attempts to decimate the
social safety net would have been catastrophic for working families,” according to the AP. California Attorney General Rob Bonta said “families across California can breathe a little easier.”
The Administration’s Response
The Administration for Children and Families, the HHS agency that oversees Head Start, said it
does not comment on ongoing litigation, the AP reported. The Labor and Justice departments did not immediately respond to the AP. An Education Department spokesperson called the decision “an unfortunate betrayal of hardworking, American taxpayers,” according to the Milwaukee news service. No appeal has been announced.
A Second Case in Washington State
The ruling is one of at least two on the policy. In Washington State Association of Head Start and
Early Childhood Education and Assistance Program v. Kennedy, U.S. District Judge Ricardo Martinez granted a preliminary injunction on Sept. 11, 2025, covering the July 14 directive, according to the Civil Rights Litigation Clearinghouse. The government appealed to the Ninth Circuit on Nov. 6, 2025, and the appeal is pending.
The American Civil Liberties Union, which represents the plaintiffs, said the policy would have been the first exclusion of immigrant families from Head Start since its creation in 1965. Joel Ryan, executive director of the Washington state association, said in the ACLU’s release that “every child, no matter their background or immigration status, deserves access to early education.”
