Attorney General Bonta Sues Trump Administration Over Cruel Directive Unlawfully Restricting Access to Head Start, Other Public Benefit Programs

Statute and longstanding federal policy have allowed access, regardless of immigration status, to specific community programs, including those deemed necessary for protection of life or safety 

OAKLAND – California Attorney General Rob Bonta today sued the Trump Administration over its abrupt decision to restrict access to more than a dozen public benefit programs based on immigration status. This decision is contrary to law and a reversal of nearly three decades of federal practice allowing access, regardless of immigration status, to certain public benefits programs that have historically been determined to protect life or safety and contribute to the overall welfare of communities. In doing so, the Trump Administration has thrown programs across California into chaos and cruelly jeopardized the health and wellbeing of some of our most vulnerable families. At risk is access to Head Start, childcare services for low-income people, adult education, mental health and substance use disorder programs, and shelters for at-risk youth and domestic violence survivors, among many other safety-net programs. Attorney General Bonta, alongside a coalition of 20 other attorneys general, asks the court to enjoin the Trump Administration from implementing this devastating change, arguing that these new polices threaten the outright collapse of the states’ social safety nets.

“Let’s be clear: This latest salvo in the President’s inhumane anti-immigration campaign primarily goes after working moms and their young children. We’re not talking about waste, fraud, and abuse, we’re talking about programs that deliver essential childcare, healthcare, nutrition, and education assistance, programs that have for decades been open to all because we understand that we are better off when everyone has the chance to succeed.” said Attorney General Bonta. “The Trump Administration’s abrupt reversal of nearly three decades of precedent – and decision to put at risk not just support for undocumented families, but ultimately families who rely on these programs nationwide – is cruel, but unfortunately unsurprising. So is its lack of regard for the law. Six months into the second Trump Administration, I’ll repeat a familiar refrain: We’ll see President Trump in court.” 

Since 1997, the federal government has interpreted The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) to permit states’ use of federal funds for certain programs that serve communities based on need regardless of immigration status. These programs work precisely because there are few barriers to access and include: 

• Short-term shelter or housing assistance for people who are unhoused, for survivors of domestic violence, or for at-risk youth.
• Programs, services, or assistance to help individuals during periods of heat, cold, or other adverse weather conditions (e.g., cooling centers).
• Soup kitchens, community food banks, senior nutrition programs such as meals on wheels, and other such community nutritional services for persons requiring special assistance.
• Medical and public health services (including treatment and prevention of diseases and injuries) and mental health, disability, or substance use treatment. 
• Early childhood education, childcare services for low-income people, and adult education programs.

Earlier this month, the U.S. Department of Health and Human Services, Department of Labor, and Department of Education issued notices related to the interpretation of “federal public benefit” under PRWORA restricting numerous “noncitizens” from receiving benefits under federally funded programs. Around the same time, the U.S. Department of Justice (DOJ) issued its own notice revoking every one of the “life or safety” exemptions that DOJ had put in place 29 years earlier. 

In California, the effects of these actions will be devastating – and immediate. The Head Start Program, founded in 1965, was designed to help break the cycle of poverty by providing young children from families with low incomes a comprehensive program to meet their emotional, social, health, nutritional, and educational needs. In 2023-24, California’s 100 direct Head Start regional recipients served over 80,345 children and families at 1,842 individual site locations. The Trump Administration’s new polices, which will require programs to verify immigration status, are expected to have a chilling effect, leading to decreased enrollment from participants, and an administrative and financial burden for recipients. Moreover, if regional recipients do not hit mandatory 97% enrollment targets, they will lose federal funding and these programs will shut down, harming all the children they serve, as well as the more than 25,000 staff members these programs employ, including in rural communities where Head Start is often a large employer.  

Examples like this are countless across the public benefits programs at risk through the Trump Administration’s actions. Survivors of domestic violence and at-risk youth may be fearful of seeking services at shelters. Mixed status families may forgo access to public benefit services all together. Requiring citizenship or immigration status verification of any kind fundamentally creates a barrier to access. People will be reluctant to reach out to access needed services or to call for help for others who might benefit from such services. And requiring programs to expend resources to implement systems and train staff to verify citizenship or immigration status will impose a time and resource burden on programs already struggling to operate on narrow financial margins.

In today’s filings, Attorney General Bonta and the coalition argue that the Trump Administration’s abrupt announcement further limiting access to public benefit programs for undocumented individuals fails to provide notice and an opportunity to comment, is arbitrary and capricious, and contrary to law in violation of the Administrative Procedure Act, and fails to give the states “fair notice” as required under the Spending Clause. They highlight that instead of saving money, the new verification requirements will lead to an overall cost to their states’ economies in the amount of hundreds of millions of dollars each year and will endanger the ability of these programs to continue providing services to all of the residents of their states, not just noncitizens. They urge the court to preliminary enjoin the Trump Administration from implementing the order to prevent programs from shuttering, uncertainty, and tremendous impacts on the public health, education, and welfare of their states.

Attorney General Bonta joins the attorneys general of New York, Washington, Rhode Island, Arizona, Colorado, Connecticut, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Vermont, and Wisconsin in filing the lawsuit.  

A copy of the lawsuit is available here.