Washington ACLU sues Trump administration over attempts to dismantle free Head Start preschool program

The agency that represents Head Start programs across Washington state is suing the Trump administration over efforts to eliminate the long-standing federal free preschool program.

The lawsuit argues that the Trump administration has defied congressional mandates to maintain Head Start services nationwide by cutting staff, freezing funding, and issuing “vague policies” related to diversity, equity, inclusion, and accessibility “that ban core Head Start programming.”

The Washington State Association of Head Start and Early Childhood Education and Assistance Program (ECEAP) — along with a coalition of parents and Head Start providers from Illinois, Pennsylvania, Wisconsin, Oregon, and California — filed the lawsuit Monday in the U.S. District Court for the Western District of Washington. They’re represented by the American Civil Liberties Union, the ACLU of Washington, the ACLU of Illinois, and the Impact Fund.

“Donald Trump has put a bullseye on the backs of 3- and 4-year-olds served by the Head Start program,” Joel Ryan, executive director of the Washington State Association of Head Start and Early Childhood Assistance and Education Program, said during a press call Tuesday. “He’s done everything to disrupt, dismantle, and eventually paralyze the Head Start program.”

Since launching in 1965 as an extension of the Civil Rights Movement and War on Poverty, Head Start has provided free preschool, child care, and other services to hundreds of thousands of low-income children and families across the nation.

In Washington, about 15,000 kids are currently enrolled in Head Start. Many of them are “furthest from opportunity,” Ryan said, and greatly benefit from these services.

“We're dealing with a lot of instability at home and in life — we have a large percentage of children who are experiencing homelessness, and we have a large number of kids who are dealing with significant delays and disabilities,” he said. “But even through that, Head Start helps these kids get ready for school and get to the same starting line as their middle class peers.”

But Head Start providers in Washington and across the country have grappled with mounting uncertainty since President Donald Trump returned to the White House.

In February, when Trump ordered a sweeping freeze on federal grants and loans, a handful of Head Start programs in Washington reported having trouble accessing the portal where they get the federal funds they rely on to cover payroll, rent, and other basic operating expenses.

RELATED: Some WA Head Start programs still can’t access federal funds a week after short-lived freeze

That issue was resolved before any providers had to shut down. But earlier this month, more than 400 Central Washington families were left without child care when Inspire Development Centers was forced to close for several days because it hadn’t received federal funds needed to remain operational.

The Sunnyside nonprofit center reopened days later, after it received word from the U.S. Administration for Children and Families that it would receive those funds after all.

But the uncertainty and instability is likely to continue as the Trump administration considers zeroing out funding for Head Start, according to USA TODAY and The Washington Post. The administration has also already closed half of Head Start regional offices around the country.

“We are incredibly concerned about what’s being proposed,” Ryan said. “We felt like there’s no other option for us than to seek litigation and to push back against the Trump administration.”

The lawsuit references the Sunnyside Head Start incident as an example of “significant and irreparable harm” the Trump administration has caused Head Start associations, “whose members do not know whether they will be suddenly forced to close in a day, a week, or a month.”

That unpredictability also hurts kids, whose education is being disrupted, and their parents and caregivers who may be forced to miss work, lose their jobs, drop out of school, or otherwise “endure significant financial mental stress and hardship,” plaintiffs argue in the complaint.

And advocates say eliminating Head Start entirely would have even greater consequences for decades to come.

“Let’s face it, billionaires like Elon Musk and Trump already have a head start on life, so of course they don’t care if anyone else needs a little help,” Sen. Patty Murray said Tuesday. “But this is make or break for everyone else — and I mean everyone, not just families, not just for parents, but for businesses as well, and for the economy, which is powered by our working families.”

The lawsuit seeks to block the dismantling of Head Start, arguing the U.S. Department of Health and Human Services, which is responsible for administering the program, has violated federal laws regarding the separation of powers between the executive and the legislative branches and Congress’ control over the budget.

The suit also argues President Trump has “undermined quality and continuity” at Head Start programs and put providers in an “untenable position” with his executive order banning DEI initiatives within federally-funded programs and threatening to withhold funding if institutions don’t comply.

RELATED: How is Trump's crackdown on DEI affecting your school? KUOW wants to hear from you

The ACLU said in a press release that the order contains “ambiguous and undefined terms” of compliance.

“Agencies do not understand whether they must cancel current vendor contracts, stop hiring bilingual or culturally competent staff, and abandon outreach efforts to help enroll underserved families in order to comply,” the release reads.