Judge strikes down a Trump policy barring some immigrants from Head Start preschools

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WASHINGTON (AP) — A federal judge in Rhode Island has struck down a Trump administration directive that would have barred some immigrants from accessing certain federal programs, including Head Start preschools, community health clinics and adult education initiatives.

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WASHINGTON (AP) — A federal judge in Rhode Island has struck down a Trump administration directive that would have barred some immigrants from accessing certain federal programs, including Head Start preschools, community health clinics and adult education initiatives.

U.S. District Judge Mary McElroy, who was appointed by President Donald Trump in 2019, temporarily barred his administration from moving forward with the rule last year, so it was never implemented. On Monday, she made the injunction permanent.

Officials from the Republican administration had said the directive would stop “illegal aliens” from accessing federal benefits by reclassifying broad swaths of social services programs under a Clinton-era law, the Personal Responsibility and Work Opportunity Reconciliation Act.

FILE - Children play during aftercare for the Head Start program at Easterseals South Florida, Jan. 29, 2025, in Miami. (AP Photo/Rebecca Blackwell, File)
FILE - Children play during aftercare for the Head Start program at Easterseals South Florida, Jan. 29, 2025, in Miami. (AP Photo/Rebecca Blackwell, File)

But the rule also would have swept up many immigrants in the U.S. legally, including work and student visa holders. It also would have barred services from Temporary Protected Status holders, who are granted work permits if the U.S. government determines conditions in their home country are too dangerous to return, along with recipients of Deferred Action for Childhood Arrivals, who were brought to the country illegally as children and receive temporary protection from deportation and work authorization.

Those groups, which are considered “nonqualified aliens” under the law, are already unable to access full Medicaid benefits and federally funded food aid and cash assistance.

The Trump administration issued its directive in July 2025. Democratic attorneys general from 20 states and the District of Columbia sued.

They said the change upended three decades of policy allowing people to access community health clinics, domestic violence shelters and Head Start centers without proving their immigration status. They warned the harms could spread, deterring any immigrant from seeking services and throwing up barriers even for U.S. citizens unable to document their legal status. The new rules also would have put administrative burdens on underfunded social service agencies, including Head Start operators, which might have been forced to close if they were unable to comply with the directive’s new requirements, the lawsuit said.

In her ruling, McElroy declared the directive “unlawful” and said the Trump administration did not follow the proper avenues to rewrite the rules. She called the administration’s actions “procedurally invalid.” She added that the administration still could pursue rule changes through the federal notice-and-comment process, which officials bypassed when they issued the directive last year.

Requests for comment were sent to the departments named as defendants in the wide-ranging lawsuit. The Administration for Children and Families, a division of the Department of Health and Human Services that oversees Head Start, said it does not comment on ongoing litigation. The Labor Department referred inquiries to the Justice Department, which did not immediately respond to a request for comment.

In a statement, New York Attorney General Letitia James, who was among those who sued, hailed the judge’s ruling.

“From cancer screenings to food banks to early childhood education, the federal government’s attempts to decimate the social safety net would have been catastrophic for working families,” James said.

___

The Associated Press’ education coverage receives financial support from multiple private foundations. The AP is solely responsible for all content. Find the AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.

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