'Remedy these deficiencies': Trump admin 'violating' court order that bars anti-DEI compliance for early childhood development program funding, ACLU says

The American Civil Liberties Union (ACLU) is imploring a national justice to enforce a caller tribunal bid that bars the authorities from penalizing aboriginal puerility improvement programs.

In the underlying litigation, the plaintiffs sued Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., and respective different named defendants, implicit efforts to coerce authorities Head Start agencies into aligning with the Trump administration's efforts to basal retired diversity, equity, inclusion, and accessibility (DEIA) initiatives.

In January, U.S. District Judge Ricardo S. Martinez, a George W. Bush appointee, issued a preliminary injunction that forbade the defendants from "[p]ausing, freezing, impeding, blocking, canceling, terminating, delaying, withholding, oregon conditioning immoderate grants oregon obligations to Head Start agencies for immoderate reasons different than those specifically enumerated by the Head Start Act oregon its implementing regulations." The injunction besides expressly blocked enforcing anti-DEIA certifications, oregon different going aft Head Start for specified purposes.

Now, successful a 13-page question to enforce, the plaintiffs accidental the Trump administration is outright violating the injunction.

"The Government has failed to comply with the Order by (1) continuing to necessitate Head Start agencies to certify compliance with the DEIA Ban, and (2) providing substantively flawed announcement to Head Start agencies regarding the Order," the question begins. "Defendants' noncompliance is causing disorder among Head Start agencies and impacting their existent activities and determination making, undermining the Court's Order. Plaintiffs respectfully petition that the Court enforce its Order."

The plaintiffs accidental HHS continues to see anti-DEIA certification requirements successful grant notices sent to Head Start agencies.

In different words, erstwhile agencies are offered backing from the Trump administration, the agencies are inactive being told they indispensable certify they align with the government's anti-DEIA priorities.

Specifically, Head Start agencies are being told they indispensable certify that they are "compliant with" the "requirements acceptable distant successful Presidential Executive Order 14168 titled Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." The connection goes connected to endanger civilian and transgression liability for non-compliance, the question explains.

The question besides points to a since-taken-down website that the plaintiffs allege "falsely tells Head Start agencies that Defendants volition enforce the DEIA related certifications and restrictions, which is besides expressly prohibited by this court's Order."

In a footnote and aboriginal connected successful the motion, the plaintiffs accidental the authorities did update immoderate online contented astatine their behest aft "meet and confer" efforts, via respective emails, successful mid-January — but that this is not capable "because galore Head Start agencies volition ne'er spot the accusation Defendants person posted to a peculiar website regarding the Order."

The question goes connected to reason that remedial efforts by HHS person been "confusing and misleading" and little than capable owed to the conflicting accusation being provided by the government.

In a much formalistic complaint, the question says the defendants person failed to record a broad remedial papers arsenic required.

"Defendants present person violated the explicit connection and wide objectives of the Court's Order by continuing to necessitate Head Start agencies to certify compliance with the DEIA Ban, failing to supply capable announcement to Head Start agencies regarding the Order, and failing to record a transcript of the announcement provided to Head Start agencies with the Court," the question continues. "Defendants' noncompliance has caused disorder among Head Start agencies and has an ongoing chilling effect connected Head Start agencies' quality to prosecute successful lawful actions that could beryllium considered to beforehand 'DEIA,' undermining the intent of the Court's Order."

The plaintiffs besides accidental they received a less-than-availing excuse erstwhile pressing HHS to relationship for, and correct, the continued usage of anti-DEIA connection successful its wide guidance astir assistance issuance.

From the motion, astatine length:

In effect to Plaintiffs' requests, Defense counsel said that they would not alteration this certification request due to the fact that the Grants Policy Statement is an "agency-wide document," but that is irrelevant to Defendants' compliance with the Court bid due to the fact that the agency—the Department of Health and Human Services—is a suspect successful this lawsuit, and the Order applies to each Defendants. Further, Defendant HHS has changed the Grants Policy Statement respective times successful the past twelvemonth alone, demonstrating that HHS regularly modifies the Grants Policy Statement connection and that it is feasible for HHS to bash truthful to comply with the Order.

The ACLU says the authorities needs to nonstop "all Head Start agencies" an explicit announcement correcting an earlier, confusing email.

The question further asks the justice to unit the authorities to region anti-DEIA certifications that are inactive attached to grant notices and HHS's overarching argumentation connection for grants.

The plaintiffs extremity their question by suggesting accountability conditions successful the signifier of a advancement study owed wrong 24 hours "that includes a connection of each actions the Defendants person taken since January 6, 2026, to comply with the Court's Order and a transcript of the revised announcement sent to Head Start agencies informing them of the Order."

"Defendants are violating the Court's Order due to the fact that they proceed to necessitate a DEIA Certification, person provided an insufficient and misleading announcement to Head Start agencies astir the Order, and failed to record a transcript of the announcement provided to Head Start agencies with the Court. Because Defendants person been unwilling to remedy these deficiencies done the conscionable and confer process, Plaintiffs petition that the Court contented an bid enforcing the Order," the question concludes.