Federal court throws out notices that would have required immigration checks at Head Start, health centers and adult education
Judge Mary S. McElroy ruled Sept. 21 that four departments skipped the public comment such rules require and that the Justice Department exceeded its authority. The agencies may still write new rules the regular way.
Providence. A federal judge in Rhode Island has set aside the federal notices that would have required immigration status checks for people seeking Head Start, care at community health centers, adult education and other federally funded services. U.S. District Judge Mary S. McElroy ruled on Sept. 21; the decision drew press coverage only in October.
The suit was brought by 20 states and the District of Columbia against the Departments of Justice, Health and Human Services, Education, Labor, and Housing and Urban Development. In July 2025 four of those departments issued notices reinterpreting what counts as a "federal public benefit" under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which bars some noncitizens from such benefits. HHS added Head Start, the Health Center Program, Title X family planning and the Community Services Block Grant to its list; the Education Department added adult education and career and technical education. HUD followed with its own notice on Nov. 26, 2025.
Why the judge ruled
Judge McElroy held that the HHS, Education, Labor and HUD notices were legislative rules that had to go through notice and comment, which none of the agencies did, so they are procedurally invalid. Labor rescinded its notice on March 18, but she found the claims against it were not moot. She also held that the attorney general's decision to exempt no programs under the law's exception for services necessary to protect life or safety, such as soup kitchens, exceeded the discretion the law grants.
“But beginning in July 2025, these agencies took an about-face by issuing new notices that purport to reinterpret PRWORA as applying to a swath of federal programs that had previously been excluded.”
What it means for providers
The order declares the notices unlawful and vacates them, and it bars the departments from enforcing them or their interpretations against the plaintiff states by any other means. It does not stop HHS, Education, Labor or HUD from issuing new rules on the subject after a period of public comment. The same judge had blocked the notices in the plaintiff states in September 2025.
The 1996 law itself says a nonprofit charitable organization providing a federal public benefit is not required to verify an applicant's eligibility. The Education Department's notice had read that exemption narrowly, saying it does not relieve states of making sure programs comply even when a nonprofit delivers the services.
Sabin Sidney, an Education Department spokesperson, called the ruling "an unfortunate betrayal of hardworking, American taxpayers," according to a report republished by PBS Wisconsin. That report said the ruling may be appealed.
About this story
501c3.help wrote this story from the sources listed with it, not from material an organization sent. Our editors approved it on Oct. 8, 2026. Stories in The Nonprofit Herald are free, and nothing is asked in return. Editorial rules.
Found an error? Write to [email protected] and we will correct it.