U.S. District Judge Mary McElroy found the administration failed to follow required notice-and-comment procedures before issuing a rule that would have limited many federally funded programs to certain immigration statuses.
A federal judge invalidated a Trump administration rule that would have required immigration-status checks for people seeking services through a wide range of federally funded programs. The ruling, written by U.S. District Judge Mary McElroy on Sept. 21, found the government did not provide the notice-and-comment period required by federal rulemaking law.
The rule targeted programs funded by the federal government, including Head Start preschools, adult education programs and community health centers. For three decades, agencies treated many such social, health and education programs as open to everyone regardless of immigration status. The administration revised that approach and declared that most federally funded programs should be limited to certain immigration statuses.
Before the final ruling, the rule had already been paused in the 21 states involved in the lawsuit—first through a voluntary agreement and then via a temporary injunction. Judge McElroy's decision concluded the government violated the notice-and-comment requirement. The ruling blocks enforcement of the rule in those states. The opinion also makes clear federal agencies can attempt to issue a similar policy again, but they must follow statutory rulemaking procedures, including notice and public comment.
Why the notice-and-comment finding matters
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<img width="1024" height="683" src="https://i0.wp.com/wisconsinwatch.org/wp-content/uploads/2026/09/asse20250709-LiteracyNetworkDaneCounty-Timmerman-005-scaled.jpg?fit=1024%2C683&quality=100&ssl=1" class="attachment-rss-image-size size-rss-image-size wp-post-image" alt='Printed sheets of paper rest on a purple book tit
WASHINGTON — A federal appeals court Friday struck down the Trump administration’s policy to quickly send noncitizens to countries they are not from, finding that immigrants must have an opportunity to challenge their removal if they fear for their safety. The decision largely upheld a Boston federal judge’s February r
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