Lawsuit challenges restrictions on Head Start for kids in the US illegally
Individual public benefits, such as food stamps and college financial aid, have been largely unavailable to people in the country without legal status, but the new rules and guidance from the administration curbed their access to community-level programs that receive federal money.
The lawsuit led by New York Attorney General Letitia James argues the government failed to follow the rulemaking process and did not provide required notice on conditions placed on federal funds. It also argues the changes will create significant harm.
'These programs work because they are open, accessible, and grounded in compassion,' James said in a statement. 'This is a baseless attack on some of our country's most effective and inclusive public programs, and we will not let it stand.'
The rule changes rescinded a Clinton-era interpretation of federal laws on immigrants ' access to services. The restrictions were announced jointly earlier this month by the Department of Health and Human Services, the Education Department, the Department of Labor and the Department of Justice.
Implementing immigration documentation checks would place a significant burden on programs and in some cases would be unrealistic, the lawsuit said. The extra work would likely affect services provided by these programs to U.S. citizens, who are often from low-income backgrounds and depend on the services for health and education, the lawsuit said.
Head Start, a federal preschool program that provides developmental therapy, child care and preschool to families who are homeless or in poverty, has not asked participants to verify their immigration status in the past.
Some Head Start providers said they do not have the staff or resources to begin implementing such screening.
'It is likely that for some programs, the costs of compliance will be so high as to lead to the programs' closure,' the lawsuit said. 'Many Head Start programs are small entities that operate on razor-thin margins and are likely to close if facing a significant administrative burden.'
Other community-level programs affected by the rule change include mental health services in schools, crisis hotlines and substance use disorder treatment.
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The Associated Press' education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.
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