U.S. District Judge Ricardo Martinez in Seattle at the request of Head Start associations in several states issued a nationwide injunction barring the U.S. Department of Health and Human Services (HHS) from enforcing the new immigration-related restrictions anywhere in the United States.
“Today the court was clear: HHS does not have the authority to impose an immigration-based restriction on Head Start families,“ Jennesa Calvo-Friedman, a lawyer for the plaintiffs at the American Civil Liberties Union, said in a statement.
“Illegal aliens should not have access to federal benefits funded by the American taxpayers for American citizens,“ she said. “This is common sense.”
They challenged a July 14 directive from HHS that reinterpreted a 1996 law called the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) that limited migrants' access to government benefit programs in order to expand what government services the statute covered.
HHS had since 1998 interpreted the 1996 law as excluding non-postsecondary education programs, such as Head Start, and only applying to programs with eligibility criteria.
“Congress has operated with the 1998 HHS interpretation for years and has not included immigration status as criterion but instead widened eligibility to remove enrollment barriers,“ Martinez, an appointee of Republican President George W. Bush, wrote.
While the U.S. Supreme Court recently curtailed the ability of judges to halt policies on a nationwide basis, Martinez said such a ruling was still permissible to ensure the plaintiffs do not receive “piecemeal, confusing, and incomplete relief.” - REUTERS
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