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"Head Start programs strive to make every child feel welcome, safe, and supported, and reject the characterization of any child as 'illegal,'" said one critic of the move.
The U.S. Department of Health and Human Services announced Thursday that undocumented immigrant children will no longer qualify for Head Start and other federally funded programs that the Trump administration argues are meant to serve American citizens.
HHS formally rescinded a 1998 interpretation of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), the cornerstone of congressional Republicans' so-called "Contract With America" and the fulfillment of then-Democratic President Bill Clinton's promise to "end welfare as we know it."
That long-standing interpretation, HHS said, "improperly extended certain federal public benefits to illegal aliens," thus "undercutting the law by allowing illegal aliens to access programs Congress intended only for the American people."
"For too long, the government has diverted hardworking Americans' tax dollars to incentivize illegal immigration," HHS Secretary Robert F. Kennedy Jr. said in statement. "Today's action changes that—it restores integrity to federal social programs, enforces the rule of law, and protects vital resources for the American people."
The HHS rule change follows a February executive order from President Donald Trump ordering federal agencies to increase restrictions on undocumented immigrants' access to taxpayer-funded services.
In addition to Head Start—the federally funded preschool program that Trump unsuccessfully sought to eliminate from the budget reconciliation legislation he recently signed—the new HHS interpretation applies to all programs classified as "federal public benefits" under PRWORA. These include health clinics, mental health services block grants, homelessness transition block grants, substance abuse treatment, and other programs.
Critics condemned the HHS move.
"Head Start programs strive to make every child feel welcome, safe, and supported, and reject the characterization of any child as 'illegal,'" said Yasmina Vinci, executive director of the advocacy group National Head Start Association.
"The Head Start Act has never required documentation of immigration status as a condition for enrollment over the last 60 years," Vinci added. "Attempts to impose such a requirement threaten to create fear and confusion among all families who are focused on raising healthy children, ready to succeed in school and life."
The HHS policy change is part of the Trump administration's wider anti-immigrant agenda. The president has launched a mass deportation drive, opened the "Alligator Alcatraz" concentration camp in the Florida Everglades, stripped temporary protected status from numerous nationalities, pushed to end birthright citizenship, and arrested and jailed green-card holders for peacefully protesting genocide—among other xenophobic and racist policies and practices.
"The U.S. government is laundering repression through a private blacklist," said one pro-Palestinian news outlet.
Confirming what students detained by the Trump administration have suspected for months, a senior homeland security official on Wednesday admitted for the first time that his agency had used a website run by a secretive pro-Israel group that compiles "blacklists" of pro-Palestinian students as it worked to carry out President Donald Trump's policy of arresting international students for their protest activities earlier this year.
In a courtroom in Massachusetts during a hearing on a Harvard University faculty group's lawsuit over Trump's attempts to deport pro-Palestinian students, Immigration and Customs Enforcement (ICE) official Peter Hatch testified under oath that a task force he formed in March scoured a list compiled by Canary Mission, an operation linked to Israel's intelligence agencies, to compile reports on the students on the list.
Hatch, the assistant director of ICE's homeland security investigations department, said the team was ordered to rush an analysis of roughly 5,000 students listed on Canary Mission's website, which includes photos and names of students who have taken part in "anti-Israel events." One student listed participated in a student walkout at Harvard University in support of boycotting Israel, and another attended a rally organized by Jews for Cease-fire.
Such allegations were evidently enough to warrant Hatch's team compiling reports on 100-200 of the non-citizen students listed on Canary Mission's website. Hatch said the team relied on Canary Mission's list as well as a list compiled by another pro-Israel group, Betar Worldwide.
Hatch told lawyers for the plaintiffs in the American Association of University Professors' (AAUP) lawsuit and Judge William G. Young of the Federal District Court in Massachusetts that his team's reports detailed the students' employment and travel history, criminal activity, and alleged support for terrorist groups such as Hamas. He said the students' use of phrases including "Free Palestine" were included in the reports as well.
The Trump administration has claimed students have shown "support for terrorist groups" simply by participating in protests against Israel's U.S.-backed assault on Gaza, where at least 57,762 Palestinians have been killed by Israeli forces since October 2023. Nearly 70% of those killed in Gaza were verified by the United Nations to be women and children as of November 2024, even as both Democratic and Republican U.S. lawmakers have claimed Israel is targeting Hamas.
Hatch's team sent the reports on students to the U.S. State Department, where Secretary of State Marco Rubio later said Columbia University student organizer Mahmoud Khalil's participation in protests was detrimental to U.S. foreign policy interests, after Khalil was arrested by ICE. Khalil was ultimately detained in Louisiana for three months.
Hatch testified that the ICE office used the lists compiled by Canary Mission and Betar "without a firm understanding of the methodology through which individuals came to be included on either record," according to The New York Times.
Five of the students included in the reports sent to the State Department have been named in the AAUP's lawsuit as non-citizen students who were targeted by ICE for their pro-Palestinian speech.
The AAUP and other plaintiffs in the case argue the Trump administration has imposed an "ideological deportation policy" by detaining and trying to remove Khalil, Tufts University student Rümeysa Öztürk, Columbia University student Mohsen Mahdawi, and others.
Students have posited for months that Canary Mission's blacklists were likely involved in the administration's rounding up of pro-Palestinian organizers, with Sophie Hurwitz reporting at Mother Jones this week that Öztürk was detained only "after being smeared on Canary Mission's website, being falsely labeled as being antisemitic."
A judge who ordered the release of another student activist, Efe Ercelik of the University of Massachusetts, Amherst, said Ercelik had been jailed "almost exclusively" because he was included in blacklists compiled by Canary Mission and Betar.
Khalil's lawyers filed a Freedom of Information Act request after his arrest, seeking information about Canary Mission's role in his targeting by ICE. The group's anonymously run website includes an extensive report on Khalil's expressions of support for Palestinians and his protest activities.
But Hatch's testimony marks the first time Canary Mission's involvement in the targeting of students has been acknowledged by the administration.
Young ordered the Trump administration to provide partially redacted reports that Hatch's team compiled on students to the plaintiffs' lawyers on Wednesday evening.
As James Bamford wrote at The Nation in December 2023, Canary Mission is "a key intelligence asset for the Ministry of Strategic Affairs, a highly secretive intelligence organization that is largely focused on the United States." A profile of Palestinian American student Lara Alqasem was compiled by Canary Mission and used to prevent her from entering Israel in 2018; Alqasem was planning to study at the Hebrew University of Jerusalem, but Israel attempted to bar her from doing so because she was the chapter president of Students for Justice in Palestine at the University of Florida.
The pro-Palestinian news outlet Mondoweiss said the information disclosed by Hatch on Wednesday "is bigger than one trial."
"The U.S. government is laundering repression through a private blacklist," said Mondoweiss. "It's criminalizing dissent, undermining free speech, and exporting Israel's surveillance playbook into U.S. policy."
One critic said Secretary of State Marco Rubio's "crude effort" to sanction Francesca Albanese "only serves to establish that the U.S. is an international outlaw."
Defenders of Palestine and the rule of law on Wednesday condemned Secretary of State Marco Rubio's announcement of sanctions targeting United Nations expert Francesca Albanese, one of the most outspoken critics of Israel's U.S.-backed genocidal war on the Gaza Strip.
In a post on the social media site X, Rubio said he is imposing sanctions on Albanese, the U.N. special rapporteur on the occupied Palestinian territories, "for her illegitimate and shameful efforts to prompt International Criminal Court action against U.S. and Israeli officials, companies, and executives."
"Albanese's campaign of political and economic warfare against the United States and Israel will no longer be tolerated," Rubio added. "We will always stand by our partners in their right to self-defense. The United States will continue to take whatever actions we deem necessary to respond to lawfare and protect our sovereignty and that of our allies."
"Mr. Rubio, with this post you have sealed your legacy as an enemy of international law and basic human decency."
Rubio's announcement came a day after Israeli Prime Minister Benjamin Netanyahu—who is wanted by the International Criminal Court (ICC) for alleged crimes against humanity and war crimes in Gaza including murder and forced starvation—met with President Donald Trump and other U.S. officials in Washington, D.C.
Trump and the fugitive Israeli leader reportedly discussed plans for the ethnic cleansing of Gaza and a deal to secure the release of the 22 remaining living hostages believed to be held by Hamas and the bodies of over two dozen others.
The Trump administration previously sanctioned ICC officials including Prosecutor Karim Khan for issuing arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant.
Albanese has accused Israel of violating the Genocide Convention since early 2024. Last week, she asserted that "Israel is responsible for one of the cruelest genocides in modern history."
"The situation in the occupied Palestinian territory is apocalyptic," she said. "In Gaza, Palestinians continue to endure suffering beyond imagination."
Israel's 642-day assault and siege on Gaza—which is the subject of an ongoing International Court of Justice genocide case—has left more than 209,000 Palestinians dead, maimed, or missing, according to the Gaza Health Ministry, whose figures have been deemed accurate by Israeli military intelligence and peer-reviewed studies, at least two of which concluded the official death toll is likely an undercount.
U.N. experts, jurists, genocide scholars including numerous numerous Jews in Israel and around the world, national leaders, and human rights groups including Amnesty International, Human Rights Watch, Jewish Voice for Peace, and CodePink are among those accusing Israel of genocide in Gaza.
Responding to Rubio's announcement, Amnesty International secretary general Agnès Callamard said on social media that "Francesca Albanese is working tirelessly to document and report on Israel's unlawful occupation, apartheid, and genocide, on the basis of international law."
"Governments around the world and all actors who believe in the rule-based order and international law must do everything in their power to mitigate and block the effect of the sanctions against Francesca Albanese and more generally to protect the work and independence of special rapporteurs," she added.
Medea Benjamin, co-founder of CodePink, highlighted the movement to nominate Albanese for the Nobel Peace Prize, which stands in stark contrast with Netanyahu's dubious nomination of Trump for the award.
U.S. human rights attorney Craig Mokhiber—who in October 2023 resigned from his U.N. post over what he called the world body's inaction in the face of "a genocide unfolding before our eyes"—accused Rubio of "a lawless, vile act."
"Your arrogance will catch up to you," Mokhiber added. "The impunity that you are enjoying now will be gone within a few years, and I am confident that you will be held accountable for your persecution of human rights defenders and for your violations of the human rights of countless people in the U.S. There are millions who will work to ensure it."
Laura Boldrini, a lawmaker from Albanese's native Italy and former U.N. human rights official, said on social media that Rubio's move is "a disgrace that cannot be ignored."
"Albanese's latest report, which lists the companies involved in the illegal annexation policies of the West Bank carried out by the Israeli government, has clearly hit the mark," she added. "It is no longer just a matter of political interests, but also economic ones. And this, for Netanyahu and Trump, is truly too much. Nothing and no one must disturb business: not even the denunciation of a genocide and the illegal occupation of another people's territories."
Arab American Institute founder James J. Zogby contended that Rubio's "crude effort to sanction U.N. human rights champion Francesca Albanese and the International Criminal Court only serves to establish that the U.S. is an international outlaw."
"Israel is violating international law and human rights, and the U.S. is enabling it," he added. "It's a disgrace."
Trita Parsi, co-founder and executive director of the Quincy Institute for Responsible Statecraft, noted that the Trump administration this week removed al-Qaeda-linked militants who toppled the regime of longtime Syrian President Bashar al-Assad from the U.S. list of foreign terrorist organizations, but is sanctioning a U.N. human rights official.
"Let that sink in," Parsi said.