AG Jennings wins preliminary injunction against Trump’s illegal attempts to defund Head Start and other programs

Attorney General Kathy Jennings has announced a major victory against the Trump Administration's unlawful attempt to defund Head Start and other programs in Delaware.

On Wednesday, September 10, the United States District Court for the District of Rhode Island entered a preliminary injunction against the Trump Administration, blocking them from implementing rule changes to the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) that would have resulted in the loss of critical childcare, healthcare, and educational programs in Delaware.

"This administration's depravity and cruelty are once again matched by its sloppiness," said Attorney General Jennings. "Today's ruling is yet another reminder that these attempts to defund critical programs in our state don't stand up to the slightest legal scrutiny. The message to the Trump Administration and to our neighbors in Delaware is the same: we're going to keep fighting and we're going to keep winning."

"The greatest investment we make is in our children, and when we let our own kids down, not only do we put their futures at risk, but we put the future of our country at risk," said Governor Matt Meyer. "Delaware leaders are focused on ensuring every child receives high-quality early education regardless of their circumstances. Thank you to Attorney General Kathy Jennings for successfully standing up on behalf of some of our state's most vulnerable people - our children."

"I am grateful for Attorney General Jennings' leadership in protecting a sturdy bridge to kindergarten for nearly 2,000 Delaware children and in safeguarding the literacy, language, health, and career programs that tens of thousands of Delaware families count on," said Secretary of Education Cindy Marten. "These programs mean parents can work knowing their children are cared for, children enter school ready to learn, and adults have access to education and job training to support their families. This ruling is more than a legal victory, it is a call to continued action. It challenges all of us to double down on our commitment to children and families, to measure what matters, and to deliver on the promise that each and every child in Delaware can read by third grade and graduate ready for college, career, and life."

In early July, the Delaware Department of Education became aware that the Trump Administration, through the U.S. Departments of Education and Health and Social Services, issued notices that they were attempting to re-interpret language in PRWORA.

The U.S. Department of Education's notice was made in accordance with the Trump Administration's specious interpretation of PRWORA. The Trump Administration's interpretation amounted to a chaotic reversal of bipartisan policy for the U.S. Departments of Education, Labor, Justice, and Health & Human Services; it barred safety net programs including Head Start, Meals on Wheels, and community health centers from serving children, seniors, and other individuals who cannot verify immigration status.

Founded in 1965, Head Start is a federally funded program that promotes school readiness in children from birth to age five for eligible families, including families within poverty guidelines, children with disabilities, and those who are homeless or in foster care. It does so by providing resources and support to enhance cognitive, social, and emotional development; Head Start also provides critical childcare for many families.

Young children and their families would lose access to essential services if funding is reduced or terminated. Children would lose educational, nutritional, and healthcare services, suffering long-term consequences, while many parents would be forced to cut spending on other critical needs and may even need to leave the workforce in order to care for their children. These impacts would be particularly harsh in rural Delaware, where many families have limited access to education and childcare services.

Beyond Head Start, the Trump administration's reckless cuts jeopardize other education services in Delaware, including: adult literacy programs; English language learning programs; and career/technical education programs in community colleges and all public school districts, including vo-tech and charter schools. These career/technical education programs include access to dual-credit programs (e.g., Advance Placement, Dual Enrollment, Articulated Credit, and even some apprenticeship programs) that provide both secondary and postsecondary course credits.

Altogether, the services in Delaware impacted by these cuts comprise more than $11 million in federal grants, support more than 250 education programs, and serve more than 50,000 Delawareans of all ages. These include adult learners, kids in foster care, and children experiencing homelessness.

AG Jennings-along with the Governors of Kentucky and Pennsylvania-joined an earlier lawsuit filed July 21 by a 20-state coalition. The underlying lawsuit argues that the federal government acted unlawfully by issuing these changes without following required procedures under the Administrative Procedure Act - and that it misapplied PRWORA to entire programs rather than to individual benefits. The changes also violate the Constitution's Spending Clause by imposing new funding conditions on states without fair notice or consent.

Jennings had asked the court to declare the new rules unlawful, halt their implementation through preliminary and permanent injunctions, vacate the rules and restore the long-standing agency practice, and prevent the federal government from using PRWORA as a pretext to dismantle core safety net programs in the future. On or about July 24, the federal government agreed not to enforce its challenged interpretation of PRWORA against the States until September 10.

In filing suit, In addition to Delaware, , Kentucky and Pennsylvania joined California, Colorado, Connecticut, Hawai'i, Illinois, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia are plaintiffs in the lawsuit.