Original Date Announced

Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. issued a notice regarding the interpretation of “Federal Public Benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). Programs that fall within that category are only available to citizens and “qualifying aliens.” The notice adds a number of HHS programs to the category, including Head Start, family planning programs, and programs relating to substance abuse, homelessness, and mental health. In doing so, the notice rescinds an interpretation of PRWORA issued during the Clinton administration that had extended eligibility of certain programs to undocumented immigrants.

The interpretation is effective immediately. Comments are due 8/13/25.

Trump 2.0 [ID #1845]

Subsequent Trump and Court Action

2025.07.21 Complaint - New York v. Department of Justice

Twenty states and the District of Columbia sued multiple federal agencies to enjoin the Trump administration's new policy of restricting access to public benefit programs, such as Head Start, based on immigration status. The complaint argues that the administration's reinterpretation of PRWORA to impose citizenship requirements on a vast array of previously uncovered federal programs failed to provide notice and an opportunity to comment, is arbitrary and capricious under the Administrative Procedure Act (APA), is contrary to the substantive statutes it purports to interpret and is thus unlawful under the APA, and fails to give states fair notice required under the Spending Clause. State of New York v. Department of Justice, No. 1:25-cv-00345 (D.R.I).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.08.19 Amended Complaint - Washington State Association of Head Start and Early Childhood Education and Assistance Program v. Kennedy

Head Start providers and nonprofits consisting of parents and caregivers from multiple states filed an amended complaint to challenge HHS's new interpretation of “Federal Public Benefit” as described above. The amended complaint alleges that excluding "non-qualified" immigrant children from Head Start is unconstitutional and violates the Administrative Procedure Act (APA). The plaintiffs asked the court to vacate and set aside the July 14, 2025 order, and to enjoin defendants from taking any action to dismantle Head Start. Wash. State Ass'n of Head Start and Early Childhood Educ. & Assistance Program v. Kennedy, No. 2:25-cv-00781 (W.D. Wash.).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2025.09.10 Preliminary Injunction - New York v. Department of Justice

District Judge Mary S. McElroy granted a preliminary injunction, enjoining the Trump administration's policy of restricting access to public benefit programs based on immigration status as applied to the plaintiff states and the District of Columbia. The court found that the plaintiffs are likely to succeed on the merits of their Administrative Procedure Act and constitutional claims; that they would suffer "significant risk of irreparable harm" without an injunction; and that the balance of the equities and public interest considerations weighs in their favor. State of New York v. Department of Justice, No. 1:25-cv-00345 (D.R.I).

**Link to case here. See litigation note above**