The head of the Wisconsin Head Start Association is praising a recent court ruling that prohibits the U.S. Department of Health and Human Services from barring immigrant families from accessing Head Start services due to their immigration status.
A federal judge in the state of Washington granted a preliminary injunction Sept. 11 that blocks the U.S. Department of Health and Human Services from implementing or enforcing its directive that would prevent immigrant families from participating in Head Start based on their immigration status, a Sept. 11 news release from the American Civil Liberties Union said.
Teacher Arlen Lopez-Gutierrez, left, and paraprofessional Judith Guarniz Cabell take their K3 Head Start class to the newly added pergola within the courtyard in Allen-Field Elementary School in Milwaukee.
The decision applies to any Head Start agencies, program providers, student or family participants or other similar persons and applies to Head Start nationwide, according to the ruling.
Jennie Mauer, the executive director of the Wisconsin Head Start Association, said she was relieved and “really thankful” the judge applied his decision nationwide.
“I think it makes tremendous sense,” Mauer said. “It really just, frankly, allows Head Start to keep doing what it’s been doing, which is to serve kids and to allow parents to keep going to work.”
The Department of Health and Human Services said it disagrees with the court’s decision and is evaluating next steps, according to an emailed statement from HHS Communications Director Andrew Nixon.
Head Start programs are federally funded. They provide child care and health care services to children from birth to age 5, their families, as well as to pregnant women, who meet federal low-income guidelines or participate in public assistance services like the Supplemental Nutrition Assistance Program.
In July, the HHS announced on its website it rescinded a 1998 interpretation of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 that HHS said “improperly extended certain federal public benefits to illegal aliens.” It included Head Start as a program that must enforce immigration status as a requirement to participate. Previously, Head Start and certain other services were exempt from doing so.
In April, the ACLU filed a lawsuit on behalf of parent groups and Head Start associations in Washington state, Illinois, Pennsylvania and Wisconsin. The lawsuit challenged the Trump administration’s actions against Head Start such as stopping funding, closing regional offices, laying off staff and banning activities related to “diversity, equity, inclusion and accessibility,” according to an April 28 ACLU news release.
In May, the ACLU filed a motion asking a judge to grant a preliminary injunction to stop the administration’s efforts. Then in July, the Head Start associations amended the complaint to include stopping HHS’ immigrant directive.
Contact Alec Johnson at (262) 875-9469 or alec.johnson@jrn.com. Follow him on Twitter at @AlecJohnson12.
This article originally appeared on Milwaukee Journal Sentinel: Wisconsin Head Start Association praises court’s immigrants ruling