Children of undocumented immigrants will continue to receive Head Start childcare services, federal court rules

A federal directive seeking to bar children of undocumented immigrants from Head Start childcare programs will not go into effect, a federal judge ruled Thursday.

Joined by other state groups and the American Civil Liberties Union, the Washington State Head Start and Early Childhood Education Assistance Program sued the Trump Administration in April after a slew of grant freezes and unclear directives surrounding diversity, equity and inclusion.

The Department of Health and Human Services, which oversees Head Start, issued a directive in July that would have required Head Start providers to confirm the citizenship status of the children and families enrolled in their preschool and childcare services. Thursday’s federal court ruling prevents this directive from going into effect.

Head Start has enrolled kids regardless of their citizenship status since its founding in 1965, according to a press release from Joel Ryan, executive director of Washington state’s Head Start assistance program.

“This ruling is a powerful affirmation that every child, no matter their background or immigration status, deserves access to early education and support,” Ryan wrote in the release. “Head Start programs in Washington see every day how Head Start strengthens families and uplifts entire communities. The court’s decision allows us to keep serving the children and families who need us most.”

Head Start is a federally funded childcare and preschool program enrolling 800,000 children up to 4 years old around the nation, including 15,000 in child care centers in Washington who meet certain poverty requirements. The court ruling indicates around 115,000 kids would be disenrolled should the citizenship directive be enforced.

The directive has already had effects in Washington. At one Head Start location, 22 families unenrolled since the July directive, constituting around 10% of its enrollment and potentially risking funding based on families served. Another lost 15 families, or around 20% of its previous enrollment, according to the court ruling. Other families shared doubts of continuing the program for fear of immigration enforcement.

“This chilling effect results in the immediate harm of childhood education loss, disability support, dual-language instruction, and stable learning environments, leading to long-term harms in development,” the court order reads. “It also results in parents losing childcare, risking missed work, unemployment, forced dropouts, and inability to pay life expenses and support families.”