Law & Courts

Trump Admin. Pauses Ban on Undocumented Kids in Head Start in These States

Is your state among those where the ban is on hold?
By Brooke Schultz — July 28, 2025 | Updated: August 11, 2025 2 min read
Students help put away supplies at the end of a reading and writing lesson at the Head Start program run by Easterseals, an organization that gets about a third of its funding from the federal government on Jan. 29, 2025, in Miami.
  • Save to favorites
  • Print

Updated: Since the publication of this article, Pennsylvania has been added to the list of states in which this Trump administration policy is temporarily on hold. The administration has also delayed the date on which this policy takes effect in these 21 states by a week, until Sept. 11, 2025.

The Trump administration will temporarily pause enforcement of a new policy that prohibits undocumented children from attending Head Start and keeps undocumented high schoolers out of dual enrollment and early college programs after 21 Democratic attorneys general sued over the new rules.

In an agreement filed in federal court in Rhode Island on Friday, four federal agencies agreed not to enforce the policy through Sept. 3 as the lawsuit plays out. The pause will apply in 20 states and the District of Columbia, which jointly filed the lawsuit. The four agencies are the U.S. departments of Education, Health and Human Services, Justice, and Labor.

The 20 states and the District of Columbia asked a federal judge on July 21 to halt the new rules announced July 10, which reclassified more than a dozen federally funded services as benefits similar to welfare so the Trump administration can bar undocumented immigrants from accessing them.

See Also

Federal Trump Admin. Says Undocumented Students Can't Attend Head Start, Early College
The administration issued notices saying undocumented immigrants don't qualify for Head Start.
7 min read
Children play during aftercare for the Head Start program at Easterseals South Florida, an organization that gets about a third of its funding from the federal government, on Jan. 29, 2025, in Miami.
Children play during aftercare for the Head Start program at Easterseals South Florida, an organization that gets about a third of its funding from the federal government, on Jan. 29, 2025, in Miami. The Trump administration said Thursday that undocumented children are ineligible for Head Start and a number of other federally funded programs that the administration is classifying as similar to welfare benefits.
Rebecca Blackwell/AP
Law & Courts States Sue Over Trump's Ban on Undocumented Youth in Head Start, Early College
The cost of compliance is so high, the lawsuit argues, some Head Start programs could be forced to close.
4 min read
Students ride tricycles during aftercare at a Head Start program run by Easterseals, an organization that gets about a third of its funding from the federal government, Jan. 29, 2025, in Miami.
Students ride tricycles at a Head Start program run by Easterseals, an organization that gets about a third of its funding from the federal government, on Jan. 29, 2025, in Miami. The Trump administration has reclassified Head Start as a "federal public benefit" similar to welfare so it can bar undocumented students from the early childhood program. Twenty-one attorneys general are now suing over that policy change.
Rebecca Blackwell/AP
Federal Head Start Grantees Scramble for Clarity on Undocumented Students Rule Change
A lack of guidance over a policy change raises questions.
5 min read
Teachers Deimy Labrador, top, and Emily Ledesma read with children in an Early Head Start class supporting kids with developmental delays at Easterseals South Florida, an organization that gets about a third of its funding from the federal government Wednesday, Jan. 29, 2025, in Miami.
Teachers Deimy Labrador, top, and Emily Ledesma read with children in an Early Head Start class supporting kids with developmental delays at Easterseals South Florida, an organization that gets about a third of its funding from the federal government Wednesday, Jan. 29, 2025, in Miami. Head Start grantees in Florida and across the country now have questions over how these programs will work moving forward under new restrictions barring undocumented students from enrollment.
Rebecca Blackwell/AP

The notices from the federal agencies, which reverse decades of precedent, take aim at Head Start, the preschool program for children from families living in poverty, and federally funded postsecondary career and technical education programs and adult education. Outside of education-related services, the affected services include mental health and substance use treatment, homelessness transition support, and family planning.

The Education and Health and Human Services departments were among multiple federal agencies to submit the official notices reversing decisions made during Democratic President Bill Clinton’s administration, under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which overhauled the nation’s welfare system.

The law restricted eligibility for some public benefits to citizens and immigrants with legal status. Federal agencies at the time interpreted that provision to apply to some services and not others, and the Trump administration’s notices earlier this month broadened the list of services to which it applied.

States and others administering the programs newly subject to the immigration status verification requirements have never before had to verify recipients’ immigration status.

The states argue that the change was procedurally illegal, and was already creating “chaos” that could result in Head Start programs closing their doors due to the added administrative burden.

The Trump administration said the new policies seek to reduce incentives for illegal immigration and direct taxpayer dollars to citizens.

As part of Friday’s agreement, the Trump administration also agreed that, regardless of the outcome of the lawsuit, it would not retroactively impose funding restrictions or other punitive measures for the 20 states’ actions prior to Sept. 4—when the new policy is currently scheduled to take effect in those states unless a court intervenes.

Use the map below to find out if the policy is on hold in your state.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bringing Dyslexia Screening into the Future
Explore the latest research shaping dyslexia screening and learn how schools can identify and support students more effectively.
Content provided by Renaissance
Artificial Intelligence K-12 Essentials Forum How Schools Are Navigating AI Advances
Join this free virtual event to learn how schools are striking a balance between using AI and avoiding its potentially harmful effects.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
A Blueprint for Structured Literacy: Building a Shared Vision for Classroom Success—Presented by the International Dyslexia Association
Leading experts and educators come together for a dynamic discussion on how to make Structured Literacy a reality in every classroom.
Content provided by Wilson Language Training

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts A Former Teacher Shot by Student, 6, Wins $10M Jury Verdict Against Ex-Assistant Principal
The former teacher accused an ex-administrator of ignoring repeated warnings that the child had a gun.
2 min read
Abby Zwerner shares a moment with her mother Julie Zwerner after a verdict was reached in her lawsuit against the assistant principal, Ebony Parker, of Richneck Elementary School during proceedings at Newport News Circuit Court in Newport News, Va. on Thursday, Nov. 6, 2025.
Abby Zwerner shares a moment with her mother Julie Zwerner after a verdict was reached in her lawsuit against the assistant principal, Ebony Parker, of Richneck Elementary School during proceedings at Newport News Circuit Court in Newport News, Va. on Thursday, Nov. 6, 2025.
Kendall Warner/The Virginian-Pilot via AP
Law & Courts Educational Toymakers Sued Over Trump Tariffs. How Is the Supreme Court Leaning?
Most justices appeared skeptical of President Trump's tariff policies, challenged by two educational toymakers.
3 min read
People arrive to attend oral arguments at the Supreme Court on Wednesday, Nov. 5, 2025, in Washington.
People arrive to attend oral arguments at the U.S. Supreme Court on Wednesday, Nov. 5, 2025, in Washington. The court heard arguments in a major case on President Donald Trump's tariff policies, which are being challenged by two educational toy companies.
AP Photo/Mark Schiefelbein
Law & Courts Court Rejects Discipline of Student Whose Post Mocked George Floyd's Death
An appeals court ruled that a student's off-campus social media post is constitutionally protected.
4 min read
Illustration of the arm of Statue of Liberty with various speech bubbles coming out of the top of her torch
DigitalVision Vectors
Law & Courts Appeals Court Heightens Stakes Over Ten Commandments School Laws
A full federal appeals court will review Texas and Louisiana laws requiring Ten Commandments displays in schools.
2 min read
A copy of the Ten Commandments hangs alongside other historical documents at the Georgia Capitol on June 20, 2024, in Atlanta. Similar displays in schools are now at the center of court battles in Texas and Louisiana.
A copy of the Ten Commandments hangs alongside other historical documents at the Georgia Capitol on June 20, 2024, in Atlanta. Similar displays in schools are now at the center of court battles in Texas and Louisiana.
John Bazemore/AP