Injunctions Remain in Effect Until Appellate Courts Rule

On November 7, 2025, the federal government filed notices of appeal in two separate lawsuits challenging its reinterpretation of what constitutes a “Federal public benefit” under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). The appeals were filed in the United States Circuit Court of Appeals for the First Circuit (State of New York, et al., v. United States Department of Justice, et al., Case No. 25-2099) and the Ninth Circuit (Washington State Association of Head Start and Early Childhood Education and Assistance Program, et al. v. Kennedy, et al., Case No. 25-7072).

No briefing schedule has yet been set in the First Circuit case. In the Ninth Circuit, the government’s opening brief is due December 5, 2025, and the responsive brief is due January 2, 2026.

During the appellate briefing process, the injunctions issued in Washington State Association of Head Start and Early Childhood Assistance and Education Program, et al., vs. Robert F. Kennedy, Jr., et al., Case No. 2:25-cv-00781-RSM (W.D.W.A.) remain in effect. As we previously reported, both district courts issued injunctions earlier this fall, pausing the administration’s reinterpretation of PRWORA, specifically staying its enforcement and implementation until the cases are fully resolved or the injunctions are lifted by the district courts or a higher court.

This means that the Trump administration’s new interpretation of “Federal public benefit” may not be enforced or implemented in states covered by the injunction while the appeals are pending. Confusion surrounding the administration’s attempt to alter the interpretation began in July 2025, when several federal agencies issued notices stating that certain federal programs serving individuals, households and families would be subject to heightened immigration eligibility restrictions, effective immediately.

Feldesman attorneys will continue to monitor these appellate proceedings and their implications for federally funded programs. For questions, please contact Jesi Carlson or Madelyn Phinney.

For updates, join Feldesman’s Monthly Briefings for Federal Grantees: Key Updates and Developments webinar. The next sessions in this series will be held on November 18, 2025 at 1 p.m. ET and December 16, 2025 at 1 p.m. ET.