Judge rules Trump admin. must keep funding child care subsidies in 5 states for now
A federal judge ruled Friday that President Donald Trump’s administration must keep federal funds flowing to child care subsidies and other social service programs in five Democratic-controlled states — at least for now.
The ruling Friday from U.S. District Judge Vernon Broderick extends by two weeks a temporary one issued earlier this month that blocked the federal government from holding back the money from California, Colorado, Illinois, Minnesota and New York. The initial temporary restraining order was to expire Friday.
Broderick said Friday that he would decide later whether the money is to remain in place while a challenge to cutting it off works its way through the courts.
The U.S. Department of Health and Human Services sent the five states notices in early January informing them it would require justifications for spending the money aimed at helping low-income families. It also said it would require more documentation, including the names and Social Security numbers of the beneficiaries of some of the programs.
The programs impacted by the restrictions at the heart of this case are the Child Care and Development Fund, which subsidizes child care for 1.3 million children from low-income families nationwide; the Temporary Assistance for Needy Families program, which provides cash assistance and job training; and the Social Services Block Grant, a smaller fund that provides money for a variety of programs.
The states say that they receive a total of more than $10 billion a year from those programs — and that the programs are essential for low-income and vulnerable families, including paying about half the cost of shelters for homeless families in New York City.
For TANF and the Social Service Block Grant, the request required the states to submit the data, including personal information of recipients beginning in 2022, with a deadline of Jan. 20.
Government lawyers said Friday that the department was working on more guidelines about what exactly was required before the initial restraining order was put in place.
The administration says it took action because of concerns about fraud
The U.S. Department of Health and Human Services said earlier this month that it was pausing the funding because it had “reason to believe” the states were granting benefits to people in the country illegally. At the time, it didn’t explain why.
But in Friday’s hearing, Mallika Balachandran, a federal government lawyer, said that the concerns were raised by media reports, though she told the judge she did not know which ones. Federal officials have previously cited a video by a right-wing influencer that claimed fraud by Minneapolis day care centers operated by people with Somali backgrounds.
Broderick asked whether the government picked the five states first and then did research into whether there were fraud claims there. Balachandran said she didn’t know that either.
Broderick said he didn’t understand why the government made it harder for the states to access money for the programs before any wrongdoing had been found.
“It just seems like the cart before the horse,” he said.
The states, which all have Democratic governors, say the move was instead intended to damage Trump’s political adversaries.
Around the same time as the actions aimed at the five states, the administration put up hurdles to Minnesota for even more federal dollars. It also began requesting all states to explain how they’re using money in the child care program.
