For 60 years, all families across the United States, including in Vermont, have had access to Head Start, a federally funded preschool program that has become a national model for positive early learning, health and nutrition outcomes.
On July 10, however, the Trump administration announced the program will require immigration status verification, a new restriction that could affect scores of families enrolled across Vermont.
“Fundamentally, Head Start programs believe in meeting the needs of all children so they can thrive in adulthood. Head Start programs strive to make every child feel welcome, safe, and supported, and reject the characterization of any child as ‘illegal,’” Christy Swenson, director of Head Start in Vermont, wrote in an email.
The mandate follows a number of hurdles for the program. The Trump administration has threatened its federal funding, a computer glitch led to the temporary suspension of some programs and its staff have endured mass layoffs, the Associated Press reported.
Those programs will be repackaged as federal public benefits, the U.S. Department of Health and Human Services announced earlier this month. The move is part of a broad effort to limit access to federal benefits for immigrants who lack legal status and protect “vital resources for the American people,” Secretary Robert F. Kennedy Jr. stated.
This comes two months after the department celebrated the 60th anniversary of the federally funded program, when Kennedy said he would “ensure that the next generation of families living in poverty have access to this vital program that offers what they need to thrive.”
Head Start educators in Vermont told VTDigger declined to comment as they wait to receive further guidance.
Meanwhile, Vermont is among 20 states that filed a lawsuit Monday challenging the Trump administration’s broad demand to screen legal statuses before allowing people to access a slew of federally funded services — from domestic violence shelters to soup kitchens — including Head Start.
According to an agreement reached Friday, the federal government will pause implementation of the new restrictions until at least September 3rd.
The lawsuit claims restricting enrollment based on immigration status violates federal law. Two of the seven programs could be affected by the rule change, while five appear to be exempt based on their private, non-profit status, according to Swenson, who sits on the board of the National Head Start Association.
“I filed the lawsuit because the Trump Administration cannot violate the Constitution or federal law. These unlawful attempts to restrict access to critical safety net programs will harm many of our neighbors here in Vermont and undermine the health and wellbeing of entire communities,” Attorney General Charity Clark wrote in an emailed statement.
The challenge argues the federal government acted unlawfully by issuing these changes without following required procedures under the Administrative Procedure Act, and by misapplying the Personal Responsibility and Work Opportunity Reconciliation Act to entire programs rather than to individual benefits.
The mandate further violates the Constitution’s spending clause by imposing new funding conditions on states without fair notice or consent, the lawsuit states.
More than 750,000 children have access to Head Start programs nationwide this year through schools, non-profits and community organizations, according to the department’s May 19 press release.
In Vermont, Head Start has more than 12,000 students enrolled across seven programs, employs more than 600 staff, and had a budget of $26.8 million in fiscal year 2024, according to a program factsheet. The programs run by Capstone Community Action in Barre and the Champlain Valley Office of Economic Opportunity in Burlington are the two largest and serve multiple counties.
The program has far-reaching effects beyond helping the children enrolled, Swenson said. For instance, it also served 203 unhoused families, 17 military members or veterans, 352 fathers and employed 752 families in school or training.
Others denounced the latest federal policy as un-American and difficult to implement because Head Start has for 60 years been open to any child based on their age or their family’s income, regardless of immigration status.
“When we deny children access to early learning opportunities like Head Start, we not only undermine their chances of success in elementary school and beyond, we also place additional pressure on our elementary schools due to the child’s lack of preparedness,” Erica McLaughlin, assistant executive director for the Vermont Principals’ Association, wrote in an email.
As an elementary teacher and principal, she said she saw first-hand the benefits of the program that has historically played a pivotal role in leveling the playing field, giving low-income and marginalized children a strong start to thrive academically, socially and emotionally. This includes access to health screenings, nutrition assistance and early identification of special needs and developmental resources that are “lifelines for children who already face significant barriers and/or have experienced significant trauma.”
“Restricting Head Start access based on immigration status will have profound and far-reaching consequences, especially for our most vulnerable children,” she added.
The effort mainly affects undocumented children and families and those who don’t have paperwork at hand. Some immigrants, such as children of Green Card holders and certain refugees, remain eligible to enroll, but no further guidance has been issued. For now, the classes in Vermont continue.
“Programs funded by U.S. taxpayers must follow federal law in determining eligibility,” a spokesperson with the U.S. Department of Health and Human Services said in a statement. “This ensures fairness and integrity in the use of public resources, particularly in programs that serve vulnerable populations.”
Eligibility will be “based on the immigration status of the child” and new guidance will be issued soon by the Administration for Children and Families, the statement said.
Head Start officials are not sure how to implement the mandate in the interim because they don’t know what documentation would be required to determine U.S. citizenship or legal immigration status, according to Swensen.
“We do not want to see an added burden for children to enter our programs. Many families of our enrolled children do not have legal documentation at hand even though they have been U.S. citizens for generations,” she wrote.
Rebecca Callahan, a professor and researcher of education policy with a focus on immigrant children at the University of Vermont, is concerned about how the rule will impact immigrant families.
She emphasized the importance of the landmark 1981 Plyler v. Doe Supreme Court decision that guarantees education for all children regardless of immigration status, including undocumented children.
“The vast majority of our children of foreign-born parents are U.S. citizens themselves. And one of the protections that’s been in place for K-12 and for preschool, for Head Start students, has always been the Plyler v. Doe decision,” she said.
Because the new rule does not distinguish between undocumented parents, undocumented students, Green Card holders, refugees or others who are in the country legally, Callahan said she is worried it will have a chilling effect and deter parents from enrolling their children in the longstanding program.
She referred to recent incidences of federal immigration overreach in Vermont. “They’re blurring everybody together, they’re stopping U.S. citizens,” she said.
The mandate “hurts our society in the long run,” Callahan said. “These are low-income children and our society is strong because we educate our youngest and are our least able to fend for themselves. That’s why we’ve been a strong society.”
Gov. Phil Scott has said the focus should not be on law-abiding people, especially children, and that Vermont will continue to be a welcoming place for those seeking a better life for themselves and their families, according to an emailed statement from Scott’s office.
“It’s long past time for Congress and the President to pass legislation to allow greater pathways to citizenship rather than forcing them to live in the shadows,” the statement reads.
