New restrictions for immigrants could chill Head Start enrollment, advocates say

Read the full article at vtdigger.org. Below is an excerpt.

Vermont is among 20 states that filed a lawsuit Monday challenging the Trump administration’s decision to restrict the Head Start program based on immigration status, claiming it violates federal law.

For 60 years, all families across the United States, including in Vermont, have had access to Head Start, a federally funded preschool program that has become a national model for positive early learning, health and nutrition outcomes.

On July 10, however, the Trump administration announced the program will require immigration status verification, a new restriction that could affect scores of families enrolled across Vermont.

“Fundamentally, Head Start programs believe in meeting the needs of all children so they can thrive in adulthood. Head Start programs strive to make every child feel welcome, safe, and supported, and reject the characterization of any child as ‘illegal,’” Christy Swenson, director of Head Start in Vermont, wrote in an email.

The mandate follows a number of hurdles for the program. The Trump administration has threatened its federal funding, a computer glitch led to the temporary suspension of some programs and its staff have endured mass layoffs, the Associated Press reported.

Those programs will be repackaged as federal public benefits, the U.S. Department of Health and Human Services announced earlier this month. The move is part of a broad effort to limit access to federal benefits for immigrants who lack legal status and protect “vital resources for the American people,” Secretary Robert F. Kennedy Jr. stated.

This comes two months after the department celebrated the 60th anniversary of the federally funded program, when Kennedy said he would “ensure that the next generation of families living in poverty have access to this vital program that offers what they need to thrive.”

Head Start educators in Vermont told VTDigger declined to comment as they wait to receive further guidance.

Meanwhile, Vermont is among 20 states that filed a lawsuit Monday challenging the Trump administration’s broad demand to screen legal statuses before allowing people to access a slew of federally funded services — from domestic violence shelters to soup kitchens — including Head Start.

According to an agreement reached Friday, the federal government will pause implementation of the new restrictions until at least September 3rd.

The lawsuit claims restricting enrollment based on immigration status violates federal law. Two of the seven programs could be affected by the rule change, while five appear to be exempt based on their private, non-profit status, according to Swenson, who sits on the board of the National Head Start Association.

“I filed the lawsuit because the Trump Administration cannot violate the Constitution or federal law. These unlawful attempts to restrict access to critical safety net programs will harm many of our neighbors here in Vermont and undermine the health and wellbeing of entire communities,” Attorney General Charity Clark wrote in an emailed statement.

The challenge argues the federal government acted unlawfully by issuing these changes without following required procedures under the Administrative Procedure Act, and by misapplying the Personal Responsibility and Work Opportunity Reconciliation Act to entire programs rather than to individual benefits.

The mandate further violates the Constitution’s spending clause by imposing new funding conditions on states without fair notice or consent, the lawsuit states.

More than 750,000 children have access to Head Start programs nationwide this year through schools, non-profits and community organizations, according to the department’s May 19 press release.

In Vermont, Head Start has more than 12,000 students enrolled across seven programs, employs more than 600 staff, and had a budget of $26.8 million in fiscal year 2024, according to a program factsheet. The programs run by Capstone Community Action in Barre and the Champlain Valley Office of Economic Opportunity in Burlington are the two largest and serve multiple counties.

The program has far-reaching effects beyond helping the children enrolled, Swenson said. For instance, it also served 203 unhoused families, 17 military members or veterans, 352 fathers and employed 752 families in school or training.

Others denounced the latest federal policy as un-American and difficult to implement because Head Start has for 60 years been open to any child based on their age or their family’s income, regardless of immigration status.