A federal judge for the U.S. District Court for the Western District of Washington heard arguments in a case of the American Civil Liberties Union (ACLU) against the U.S. Department of Health and Human Services (HHS). The case is regarding the early childhood education program Head Start.
"We're urging the court to find that Trump's attacks on the program are illegal under the Constitution and the Head Start Act and must be blocked now," Ming-Qi Chu, deputy director of the Women's Rights Project at the ACLU, said in a social media post.
Plaintiffs in the lawsuit that was filed in April, include Head Start organizations from Washington, Oregon, California, Illinois, Wisconsin and Pennsylvania.
The Washington State Association of Head Start and ECEAP (WSA) is one of them. ECEAP is the Early Childhood Education and Assistance Program, which prepares 3- and 4-year-olds from low-income families for kindergarten.
"Over the last six months, the Trump administration has tried to dismantle the Head Start program, and there's been a direct attack and assault on very low-income kids and families," said Joel Ryan, the executive director of WSA.
What is the lawsuit about?
The lawsuit challenges DEI-related policies,citing an HHS letter from earlier this year. The letter states that HHS grant recipients cannot use federal funds for training, assistance or programs that support diversity, equity and inclusion initiatives.
The lawsuit also cited a requirement under theGrants Policy Statement published by HHS in April. The requirement said those who accept HHS grants certify that they won't operate programs that advance or promote DEI or DEIA (diversity, equity, inclusion and accessibility).
HHSupdated that statement at the end of July by removing the DEI and DEIA references.
Plaintiffs are also challenging federal workforce cuts and closings of regional offices, among other actions implemented by the Trump administration.
"They're taking the legs out from under the program by firing staff, laying off staff, closing offices to the level that the program itself, Head Start, is barely able to function if it's able to function properly at all," said Brent Lowe, a lawyer with the ACLU.
Lowe explained that the ACLU amended the complaint last month to challenge anew HHS policy shift, and HHS included Head Start on the list of federal public benefits. The HHS policy shift is meant to ensure that enrollment in Head Start is reserved for American citizens.
"For too long, the government has diverted hardworking Americans' tax dollars to incentivize illegal immigration," said HHS Secretary Robert F. Kennedy, Jr. in a press release about the policy shift. "Today's action changes that—it restores integrity to federal social programs, enforces the rule of law, and protects vital resources for the American people."
But HHS said on its website that the agency had agreed to hold off enforcement and application through September.
"The impact is far-reaching, because so many families that we talk to are particularly immigrant families," Ryan, of WSA, said.
Still, it is not clear how providers would implement that change, said Jorge Castillo, the CEO of Inspire Development Centers in Sunnyside. Inspire is a regional provider of the Head Start program.
In April,Inspire had to close some of its Early Head Start and Head Start programs due to delays in the delivery of federal resources. The programs reopened weeks later when they received the funding balances.
Ryan said rural families, especially those with kids with disabilities, might be affected.
"They'll partner with school districts on making sure that there are screenings that are done, but also supports one-on-one supports. Working with kids with speech issues. Working with, even, kids with mental health things," Ryan said.
He explained that Head Start has a requirement for enrolling a certain number of children who are eligible for Individuals with Disabilities Education Act services.
The defense arguments
The defendants in the federal case — which include HHS Secretary Robert F. Kennedy, Jr., HHS itself and the Administration for Children and Families, among others — argue that the plaintiffs based their case on assumptions.
"Plaintiffs hypothesize about harms that may befall them if their members do, or do not, comply with the DEI Letter or DEIA Certification or if HHS is unable to provide a particular service or function because of its ARRPs (Agency Reduction in Force and Reorganization Plans)," the court documents said. "Plaintiffs rely on predictions of what 'may' or is 'likely' to happen to their programs, but they cite no proof that these alleged harms will materialize."
The defendants also said there is no basis for assuming that statutorily mandated programs, like Head Start, will be disrupted or grants will be denied.
According to the Head Start website, as of 2023, over10,000 kids were enrolled in Head Start and Early Head Start programs in Washington state, and the state received nearly $190 million for both programs' operation.
Ryan said the number of children currently enrolled is 15,000.
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