(Updated) Administration Moves to Disqualify Immigrant Students from Head Start and Certain CTE Programs

Update 9/19/25:

Last week, rulings on two different court challenges have placed injunctions on this rule:

• The first case, filed by attorneys general in 20 states and Washington, D.C., challenged the federal government’s reinterpretation of PRWORA and resulted in a preliminary injunction blocking the implementation of the reinterpretation in those states and D.C. States include: Arizona, California, Colorado, Connecticut, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. This challenge was across three government agencies: the Department of Health and Human Services, the Department of Education, and the Department of Labor. In states not covered by the lawsuit, any changes to program eligibility and an implementation timeline are still contingent on additional guidance.
• The second case, filed by the American Civil Liberties Union, challenged the interpretation, specifically as it relates to Head Start. On Sept. 11, a federal judge granted a nationwide preliminary injunction blocking the directive to exclude immigrant children in Head Start nationwide.

Update 7/29/25: 

Due to litigation, the Administration will pause enforcement of this policy through September 3. The pause will only apply in the states that are a part of the litigation: Arizona, California, Colorado, Connecticut, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

Originial:

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 - which overhauled the nation’s welfare system – places restrictions that deny immigrants the ability to receive public benefits. This month, the Trump administration announced that it is utilizing the authority of PRWORA to prohibit immigrant families from accessing services it says are similar to welfare, including federally funded early childhood and career and technical education.

The notices from HHS and ED take aim at Head Start, the preschool program for children from families living in poverty, and federally funded dual enrollment and early college programs that allow high school students to earn college credit. There is an expectation that this is an attempt to move towards a challenge to Plyler v. Doe because the Trump Administration could issue guidance saying that LEAs that run Head Start programs or offer early college programs must verify documentation status of students participating in the program.

While effective immediately, no official guidance or additional information for providers has been released. AESA will continue to update members as more information becomes available.

The HHS notice – impacting Head Start and 11 other programs – is open for public comment for 30 days and will close on August 13.

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