Sept. 19 Federal Update: ACF Announces Strategic Alignment Initiative to Maximize Agency Impact 

The Administration for Children and Families (ACF) released a strategic alignment initiative to foster a coordinated approach across agency programs. The approach is designed to enable ACF to concentrate funding on proven interventions, addressing complex human services challenges holistically, and achieving measurable results for children and families in communities throughout America. 

Additionally, ACF agencies are directed to evaluate funding allocations through the lens of their strategic objectives to ensure funding decisions that reflect their core priorities. ACF emphasized the importance of promoting quality early learning environments and improved child outcomes, promoting work and self-sufficiency, supporting family formation, ensuring efficient use of taxpayer dollars, and emphasizing personal responsibility. 

To determine whether grant programs align with ACF’s core priorities, the agency will develop and implement a value alignment assessment, prioritizing programs that demonstrably support: 

• Work as a pathway to self-sufficiency 
• Marriage and family formation 
• Biological definitions of sex 
• Compliance with immigration laws 
• Efficient use of taxpayer dollars 

Aligned with recent executive orders, the Administration for Children and Families will not fund programs that promote diversity, equity, and inclusion or advance gender ideologies. Additionally, ACF will not support safe consumption sites or harm reduction activities. 

The Make America Healthy Again Commission Releases the Make Our Children Healthy Again Strategy 

On September 9, the Make America Healthy Again Commission released the Make Our Children Healthy Again Strategy. The recommendations encompass more than 120 initiatives to end childhood chronic disease, including advancing research, increasing public awareness, and strengthening private-sector collaboration.  

Key areas of focus include: 

• Expanding NIH and agency research of chronic disease prevention, nutrition and metabolic health, food quality, environmental exposures, autism, gut microbiome, precision agriculture, rural and tribal health, vaccine injury, and mental health. 

• Reforming dietary guidelines, including by raising infant formula standards, improving food served in schools, hospitals, and to veterans, and reforming Medicaid quality metrics to measure health outcomes. 

• Reforming and deregulating key processes, including support for mobile grocery and processing units, modernizing FDA drug and device approval, and accelerating EPA approvals for innovative agricultural products. 

• Increasing public awareness and education by launching school-based nutrition and fitness campaigns, Surgeon General initiatives on screen time, prioritizing pediatric mental health, and expanding access to reliable nutrition and health information for parents. 

• Promoting private sector collaboration through soil health and land stewardship, community-led initiatives, and scaling innovative solutions to address root causes of chronic disease. 

Social Security and Work & Welfare Subcommittees Hold Hearing to Remove Barriers to Work and Support Opportunity for People with Disabilities 

The Social Security and Work & Welfare Subcommittees held a hearing to discuss Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Representatives and witnesses stressed the challenges people with disabilities face in pursuing careers, especially due to asset limits. They also discussed barriers to accessing return-to-work programs, opportunities to improve transitions, and challenges with administrative processes, particularly regarding overpayments.  

Witnesses highlighted the benefit of ABLE savings accounts that allow people with disabilities to keep benefits that support their health and independence while pursuing their careers. They also stressed the importance of trained benefits counselors to advise on complex rules governing related work programs, including Ticket to Work. 

Witnesses proposed encouraging and funding the collaborative model between employers and community-based employment agencies that provide expertise for career development and on-the-job training. They also recommended simplifying the Workforce Opportunity Tax Credit process and resuming previous investments in data and evidence to identify opportunities for program improvement.   

Senate Committee on Health, Education, Labor, and Pensions Holds Hearing on the State of K-12 Education 

The U.S. Senate Committee on Health, Education, Labor, and Pensions held a hearing regarding the state of K-12 education following the recent release of the National Assessment of Educational Progress (NAEP) results. Often referred to as the nation’s report card, the assessment found significant decreases for eighth graders in science and twelfth graders in mathematics and reading. The results were the first published by NAEP since the beginning of the COVID-19 pandemic. 

Witnesses shared the ongoing challenges the pandemic presents as students work to recover key progress. However, they also noted pre-existing trends that were exacerbated by the rapid changes in learning formats marked stress, and profound mental health challenges countless students experienced during the pandemic. The witnesses discussed the disparate impact that contributed to a widening achievement distribution among the highest and lowest performing students. 

Witnesses and senators emphasized the importance of supporting school districts and their teachers while bolstering data collection and research. They expressed concern for the rise of smartphones, social media, and artificial intelligence. Witnesses also recommended researching chronic absenteeism and pathways to increase student engagement. They jointly encouraged a collaborative approach that partners families, educators, higher education institutions, businesses and industry leaders, policy makers, and community stakeholders to ensure students have the skills, confidence, and experiences needed to thrive in their classrooms as well as a workforce and economy increasingly shaped by science, technology, engineering, and mathematics. 

GAO Determines DHS Impounded Funding Appropriated to Serve Migrants  

On September 15, the Government Accountability Office (GAO) released a report detailing that the Department of Homeland Security (DHS) violated federal appropriations law. GAO found that in withholding funding for local governments and nonprofits to provide services for migrants, the agency violated the Impoundment Control Act. 

The report specifically mentioned funding toward the Emergency Food and Shelter Program (EFSP), Shelter and Services Program (SSP), and Building Resilient Infrastructure and Communities Program. 

CMS and SAMHSA Issue Joint Guidance for Crisis Services 

The Centers for Medicare & Medicaid Services (CMS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) issued joint guidance to states on the continuum of crisis services. The document is intended to serve as a guide for states and stakeholders regarding effective practices in crisis services as well as the federal authorities for states to finance and enhance the availability of crisis response services in Medicaid and CHIP. The guidance highlights effective strategies for crisis response services, describes specific Medicaid and CHIP authorities and flexibilities to support the full continuum of crisis services, and provides an overview of strategies for measuring and monitoring crisis response services. 

Office of Planning, Research, & Evaluation Publishes BASE Methodological Guide 

The Administration for Children and Families’ Office of Planning, Research & Evaluation published a methodological guide, entitled Estimating the Costs of Implementing Workforce Development Strategies in Child Care and Early Education. 

The report was published through the Building and Sustaining the Child Care and Early Education Workforce (BASE) project. The project aims to increase knowledge and understanding of the factors that drive staff member turnover in the child care and early education (CCEE) workforce and to build evidence about current initiatives to recruit, advance, and retain a stable and qualified CCEE workforce.  

The brief describes how to inventory the resources required to implement a workforce development strategy and estimate the associated costs using the ingredients method—a widely adopted, mixed-methods approach tailored to education settings. It aims to help users understand key methodological considerations involved in cost study design and ensure accurate cost estimates to support effective decision-making and avoid unintended consequences. 

Proclamation Issued, Temporarily Reforming the H-1B Visa Program 

On September 19, President Trump issued a proclamation restricting immigration for individuals to pursue specialty occupations through the H-1B program, unless their petition is accompanied by a $100,000 payment. The proclamation directs the Secretary of State to issue guidance to prevent misuse of B visas by beneficiaries of approved H-1B petitions that have an employment start date prior to October 1, 2026. 

Notably, the proclamation does not extend to any previously issued H-1B visas or any petitions submitted prior to 12:01 a.m. EDT on September 21, 2025. Unless renewed, the restriction will expire 12 months following the date of the proclamation’s enactment. It also does not change any payments or fees required to be submitted in connection with any H-1B renewals. 

Sector Updates from the Judiciary 

Appeals Court Upholds Denial of Federal Medicaid Funding to Planned Parenthood 

The U.S. Court of Appeals for the First Circuit permitted the Department of Health and Human Services to withhold Medicaid reimbursements to Planned Parenthood following a provision within the recently passed tax and budget bill, H.R. 1. The provision temporarily prevents Medicaid from reimbursing health care centers that offer abortion care and received more than $800,000 from Medicaid in 2023. The appeals court affirmed that the section does not violate the U.S. Constitution. 

Previously, the U.S. District Court for the District of Massachusetts issued a preliminary injunction, temporarily pausing the provision’s enforcement as litigation continued. U.S. District Judge Talwani determined that the law likely violates the Constitution by specifically excluding Planned Parenthood’s health centers due to their status as abortion providers. 

Federal Courts Pause Policy Requiring Immigration Status Verification for Certain Public Services 

Federal judges in Washington and Rhode Island temporarily prevented a policy recently issued by the Departments of Education and Health and Human Services from taking effect. The policy required Head Start, certain public health programs, and adult education and career training programs to verify the immigration status of their participants.  

The judges emphasized the lack of clear guidance and the potential chilling effect on eligible individuals who lack documentation or fear enforcement. Judge Mary McElroy, for the U.S. District Court for the District of Rhode Island, additionally shared the challenges Head Start providers will likely experience in complying with the requirements. She emphasized the resulting financial challenges resulting from decreased enrollment. Similarly, Judge Ricardo Martinez for the Western District of Washington shared the immediate harm families will experience through childhood education loss, disability support, dual language instruction, and stable learning environments, leading to long-term harm to child development. 

A nationwide preliminary injunction is in place to temporarily prevent the directive’s enforcement against any health clinic, adult education, or Head Start agency, program provider, student, or family participant.  

Supreme Court Upholds Order Requiring South Carolina School District to Allow a Transgender Student to Use Restrooms Consistent with Their Gender Identity 

The U.S. Supreme Court denied a request issued by South Carolina to pause a federal appeals court injunction that permitted a 9th-grade transgender student to use school restrooms consistent with their gender identity as the student’s lawsuit progresses. 

The student had filed the lawsuit to challenge a state law requiring students to use the bathroom aligned with their sex assigned at birth. The provision was introduced through South Carolina’s 2024 budget bill and renewed for their 2025-26 state budget. 

Although South Carolina’s circuit and appeals courts upheld the student’s right to use the bathroom aligned with their gender identity, the state petitioned the Supreme Court to prevent the student from using a bathroom that does not correspond with their sex assigned at birth. 

The Supreme Court noted that its decision exclusively followed the standard procedure for obtaining emergency relief. 

Appeals Court Resumes Enforcement of Texas Election Law 

The Fifth Circuit Court of Appeals overturned a district court’s decision, allowing key provisions of a Texas election law to proceed. SB1 regulates how individuals can assist voters in casting ballots.  

 Although a lower court found certain provisions could deter individuals from assisting disabled voters, the 5th Circuit upheld the disclosure provisions. The provisions require people assisting voters to disclose personal information, including their name, address, relationship to the voter, and whether they received compensation. The 5th Circuit ruled the law does not prohibit states from restricting who may assist voters if they’re paid. 

The court also upheld the amended oath provision, which requires individuals to swear under penalty of perjury that they did not pressure the voter, that the voter was eligible for assistance, and that they will not influence the vote. 

Supreme Court Pauses Los Angeles Restrictions Regulating Immigration Stops  

The Supreme Court temporarily paused an order issued by the U.S. District Judge Maame Ewusi-Mensah Frimpong. The decision barred agents in the Central District of California from making immigration stops without reasonable suspicion that the person being stopped is in the United States illegally.  

Judge Frimpong maintained that reasonable suspicion cannot rest solely on any combination of four factors: “apparent race or ethnicity,” speaking in Spanish or accented English, being present at a location where undocumented immigrants are known to gather, and working at specific jobs, such as landscaping or construction. 

The lawsuit was filed following immigration-related raids, which petitioners argued violated the Fourth Amendment’s prohibition on unreasonable searches and seizures. The plaintiffs maintained that reasonable suspicion must be grounded in “specific articulable facts,” rather than “broad profiles which cast suspicion on entire categories of people.” 

Although the U.S. Court of Appeals for the 9th Circuit largely upheld the order as litigation continued, the U.S. Solicitor General sought relief from the Supreme Court, contending the ruling strains law enforcement. 

The Supreme Court, by a 6-3 majority, affirmed that federal immigration officers can briefly detain and interrogate individuals regarding the legality of their status. The ruling permitted officers to rely on a “totality of circumstances” standard for reasonable suspicion, using all of the officer’s knowledge and observations at the time of the stop.  

US Court of Appeals Upholds Injunction Against Further Reduction-in-Force Workforce Notices 

The U.S. Court of Appeals for the First Circuit upheld a preliminary injunction, preventing the Department of Health and Human Services from issuing further reductions in force. The verdict follows an injunction issued by the U.S. District Court for the District of Rhode Island that applies to the Centers for Disease Control and Prevention, the Office of Head Start and regional employees, the Center for Tobacco Products, and the HHS Assistant Secretary for Planning and Evaluation’s Division of Data and Technical Analysis. 

The reductions-in-force will continue to remain paused as litigation continues. 

Federal Court Pauses Funding Restrictions for HUD Grantees 

The U.S. District Court for the District of Rhode Island issued a temporary restraining order to prevent the Department of Housing and Urban Development from imposing conditions on $75 million of grant funding through the Continuum of Care Builds program, which is allocated to build housing for unhoused individuals.  

The lawsuit was filed by a coalition of nonprofits that alleged funding became conditioned to prevent jurisdictions from supporting sanctuary protections, harm reduction practices, or inclusive policies for transgender people. 

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