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Nevada joins lawsuit challenging restrictions on Head Start for kids in the US illegally

Last year in Nevada, federal data shows more than 3,200 children were enrolled in Head Start programs, which received nearly $34 million in funding.
Associated Press
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WASHINGTON (AP) — A coalition of 21 Democratic state attorneys general — including Nevada’s — filed a lawsuit Monday challenging the Trump administration's restrictions on social services for immigrants in the country illegally, including the federal preschool program Head Start that provides developmental therapy, child care and preschool to families who are homeless or in poverty. 

Last year in Nevada, federal data shows more than 3,200 children were enrolled in Head Start programs, which received nearly $34 million in funding. Head Start has not asked participants to verify their immigration status in the past, though about a third of the students enrolled in Nevada Head Start were classified as “dual language learners” in 2024. The data doesn’t provide additional information on language or background. 

Nevada also doesn’t have any dedicated “migrant or seasonal Head Start programs,” according to the state.

Officials from the Nevada Department of Education said in a statement that they were aware of the federal changes, but “ have not yet received any specific guidance from the federal Office of Head Start regarding this requirement.”

Although individual public benefits, such as food stamps and college financial aid, have been largely unavailable to people in the country without legal status, the new rules and guidance from the administration will curb access to community-level programs that receive federal money.

The Trump administration has also said they plan on curbing undocumented immigrants’ access to community health clinics, substance abuse programs and certain adult education programming. 

Nevada Attorney General Aaron Ford’s office did not immediately return a request for comment. 

The lawsuit, led by New York Attorney General Letitia James, argues the government failed to follow the rulemaking process and did not provide required notice on conditions placed on federal funds. It also argues the changes will create significant harm.

"These programs work because they are open, accessible, and grounded in compassion," James said in a statement. "This is a baseless attack on some of our country's most effective and inclusive public programs, and we will not let it stand."

The rule changes rescinded a Clinton-era interpretation of federal laws on immigrants' access to services. The restrictions were announced jointly earlier this month by the Department of Health and Human Services, the Education Department, the Department of Labor and the Department of Justice.

Implementing immigration documentation checks would place a significant burden on programs and in some cases would be unrealistic, the lawsuit said. The extra work would likely affect services provided by these programs to U.S. citizens, who are often from low-income backgrounds and depend on the services for health and education, the lawsuit said.

Some Head Start providers said they do not have the staff or resources to begin implementing such screening.

"It is likely that for some programs, the costs of compliance will be so high as to lead to the programs' closure," the lawsuit said. "Many Head Start programs are small entities that operate on razor-thin margins and are likely to close if facing a significant administrative burden."

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Updated at 3:39 p.m. with comment from Nevada Department of Education.

Nevada Independent reporters Isabella Aldrete and Rocio Hernandez contributed to this report.

The Associated Press' education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.

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