UPDATE: HHS reclassification of Head Start excluding undocumented children from enrollment

On Thursday, July 10, the U.S. Department of Health and Human Services (HHS) released a notice that reclassifies Head Start and multiple other HHS programs as “federal public benefits.” Under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), the 1996 welfare reform law, “federal public benefits” are restricted to U.S. citizens and “qualified aliens,” a category that excludes recipients of Deferred Action for Childhood Arrivals (DACA) and those with Temporary Protected Status. This action reverses the previous interpretation of the law published by HHS in 1998. Some Head Start programs may not be affected, however, as PRWORA exempts non-profit charitable organizations from needing to verify the immigration status of individuals.

The notice was published in the Federal Register, Monday, July 14 and is effective immediately with a 30-day period for public comment.

Head Start is a federally funded early learning program that supports the school readiness, health, and development of children from low-income families. Eligibility is determined by a number of factors, including family income, homelessness, foster care status, or disability; immigration status is not a condition of enrollment or eligibility for Head Start under the statute. Consequently, this new interpretation is raising numerous questions and concerns.

First Five Years Fund is actively working with partners to better understand the implications of this change, how it will be implemented, and what the full scope of impact may be. It is anticipated that HHS will provide additional guidance on how the change will be implemented; we will share this when it is available, along with any other relevant developments.