A coalition of over 20 Democratic attorneys general has filed a federal lawsuit to block new immigration-related restrictions affecting Head Start and other federally funded aid programs. The states argue the rules were imposed unlawfully and could cut off critical services to families, including citizens and lawful immigrants.
Legal Action Against Immigration-Linked Restrictions
Attorneys general from more than 20 U.S. states, including New York, California, Illinois, and Massachusetts, have filed a joint lawsuit challenging recently issued federal policies that require immigration screening before individuals can access specific federally funded aid programs. The legal action was submitted to a federal court in Providence, Rhode Island.
The lawsuit targets directives introduced by multiple agencies, including the U.S. Department of Health and Human Services (HHS) and the Department of Justice (DOJ), which were issued earlier this month. These directives were issued following a presidential executive order and now apply immigration-related eligibility checks to long-established public service programs that target low-income households.
Programs Affected Include Head Start and Nutrition Aid
At the center of this legal dispute are programs like Head Start, which offers early childhood education, healthcare access, and nutritional support to underserved communities across the nation. These programs receive federal funding but are administered by state and local governments.
Providers are now mandated by the new policy to confirm the immigration status of participants before providing services. They will lose valuable federal funding if they do not comply. Until now, many of these services had not been considered restricted to federal benefits and were made accessible to all families, regardless of their immigration status.
States Warn of Disruption and Service Closures
According to the lawsuit, the sudden change in eligibility enforcement could disrupt operations for thousands of local providers who may not have the capacity to implement immigration screening procedures. As a result, many state governments and providers are concerned that Head Start centers and related support programs would have to shut down or severely reduce services.
The officials clarify that although illegal aliens were never eligible for the vast majority of federal benefits, the new rules institute broader restrictions without distinction between individual benefits and the entire program.
Procedural and Constitutional Grounds Cited in the Lawsuit
The attorneys general argue that the policies were issued without compliance with the required federal rulemaking process, including notice, comment, and review procedures. They assert that this is a violation of the Administrative Procedure Act (APA), a foundational law governing how federal agencies must proceed when enacting regulations.
Furthermore, the lawsuit alleges that the new rules violate the Spending Clause of the United States Constitution. This clause requires the federal government to provide adequate notice to states of any conditions or requirements attached to federal funds. The plaintiffs state that no notice and negotiation period was afforded before the mandates took effect.
Policy Based on 1996 Law, But Interpretation Disputed
The executive order “Ending Taxpayer Subsidization of Open Borders,” signed in February 2025, serves as the foundation for these directives. A 1996 federal law that forbids illegal aliens from receiving certain federal benefits is invoked in the order. However, the attorneys general argue that the Trump administration’s interpretation goes far beyond the law’s original intent by applying it at the program level rather than the individual benefits level.
They further claim the policy contradicts decades of administrative practice and introduces new obligations that states, and local providers are unprepared to implement within such a limited time frame.
What’s Next – Legal Challenge Could Set Broad Precedent
The consortium of states requested an injunction that would immediately halt the enforcement of the immigration screening policy. The suit also requests that the new rules be vacated in their entirety.
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Resources:
- https://www.reuters.com/legal/government/democratic-ags-sue-bar-immigration-requirements-head-start-other-federal-2025-07-21/
- https://ca.news.yahoo.com/lawsuit-challenges-restrictions-head-start-192235371.html
- https://www.redlakenationnews.com/story/2025/07/22/news/democratic-ags-sue-to-bar-immigration-requirements-for-head-start-and-other-federal-programs/133067.html
