HHS stands by new eligibility requirements for Head Start

One of the programs this will affect is Head Start and its counterpart Early Head Start, which are federally-funded early childhood education programs designed to promote the school readiness of young children from low-income families.

Federal officials are standing by the administration’s decision to prioritize citizens and “qualified aliens” for this funding.

“HHS is enforcing a long-standing federal law, which provides access to federally funded public benefits to individuals lawfully present in the United States,” Andrew G. Nixon, director of communications for the U.S. Department of Health and Human Services, told The Center Square in an exclusive statement.

“Head Start will remain open and accessible to millions of eligible children across the country,” Nixon added. “However, programs funded by U.S. taxpayers must follow federal law in determining eligibility. This ensures fairness and integrity in the use of public resources, particularly in programs that serve vulnerable populations.”

To prove eligibility, Head Start programs will be required to verify the immigration status of children. Under the statute in question, the following would be deemed a “qualified alien” and would be exempt from the funding restrictions:

• Lawful permanent residents admitted under the Immigration and Nationality Act.

• Aliens granted asylum.

• Certain refugees.

• Certain aliens paroled into the U.S. or whose deportation is withheld.

• Individuals granted “conditional entry.”

Nixon told The Center Square that the U.S. Administration for Children and Families plans to soon release guidance on the new interpretation.

The federal government currently pays for over 750,000 kids nationwide to be enrolled in Head Start and Early Head Start, according to the National Head Start Association.

California currently has by far the highest number of students enrolled in Head Start and Early Head Start, at 75,000.

Nevada has just 1,500, while Colorado has 8,000 and Arizona has 12,000. This is all according to data from Head Start.

Concerned about the financial impact on their states and the potential impact of this rule reinterpretation, all four of those states have joined a multi-state lawsuit against the Trump administration challenging this decision.

“This is yet another outrageous attempt by this administration to workaround the law and disrupt critical services Arizonans depend on every day,” said Arizona Attorney General Kris Mayes. “What do they think will happen when Head Start, Meals on Wheels, and Victim Services shutter? Arizonans will have to foot the bill for emergency childcare, scramble to figure out how to feed their family, and go without the support they deserve and are owed by law.”

In fiscal year 2024, the federal government spent over $12 billion on Head Start, which employed 251,000 staff nationwide.

The Trump administration has been persistent in its efforts to make cuts, with staff layoffs and funding uncertainty causing concern for the future of the program.

"There are over 17,000 Head Start centers nationwide that help kids and families thrive, and these centers are particularly important in serving rural communities with fewer options for care," said an April statement from the U.S. Senate Committee on Appropriations. "Since taking office, President Trump has gutted the offices that keep Head Start centers and child care programs across the country running."

The Trump administration has a different stance.

“It is the responsibility of HHS to uphold the law as written,” Nixon said. “The department remains committed to supporting eligible children with high-quality early education while adhering to the law.”

It is unclear how many students the new eligibility requirements might affect as Head Start has at no time required parents and/or students to present citizenship or immigration documentation.

The Arizona Department of Education and the Colorado Department of Early Childhood told The Center Square that it could not comment on the issue at this time.

The Arizona Head Start Association, the Colorado Head Start Association, the Nevada Department of Education, and the California Department of Education did not respond to requests for comment by the time of publication.