Court Blocks Trump-Vance Administration’s Politically-Driven Child Care Funding Freeze

Preliminary Injunction Restores Critical Support for Working Families, Child Care Providers, and Small Businesses

FOR IMMEDIATE RELEASE
April 1, 2026
Contact: press@democracyforward.org

San Francisco — A federal court has granted a preliminary injunction blocking the Trump-Vance administration’s unlawful freeze of more than $10 billion in child care and family assistance funding, restoring critical support for working families, providers, and small businesses across the country. The order in AFSCME v. U.S. Department of Health and Human Services et al. was issued from the bench last night.

The ruling halts the administration’s sweeping actions targeting programs in California, Colorado, Illinois, Minnesota, and New York while the case continues. The court’s decision ensures the essential funding used to help families access safe, affordable child care and support local economies can continue to flow to the communities that rely on it. 

Over the past year, the Trump-Vance administration has repeatedly boasted about terminating federal grants in retribution because the recipients were located in “blue states.” Consistent with that pattern, administration officials, including those at the Administration for Children and Families (ACF), have used vague and unsubstantiated allegations of “fraud” in five Democratic-led states as a pretext to target those states and their residents. 

The lawsuit was brought by unions and small businesses, including the American Federation of State, County and Municipal Employees (AFSCME), Service Employees International Union (SEIU), Main Street Alliance, and AFSCME affiliates United Domestic Workers of America (UDW) and AFSCME Councils 31 and 57. Plaintiffs are represented by Democracy Forward and Beeson, Tayer & Bodoine.

“The court’s decision to block the administration’s illegal funding freeze is a major victory for providers, families and the children they serve,” said AFSCME President Lee Saunders. “The AFSCME members who provide essential child care services in these communities can now focus on what they do best: helping children learn and thrive. We’ll continue to fight the administration’s attempts to slash services for working families to pay for more tax cuts for its billionaire backers.”   

“Child care providers and the families who count on us are breathing a sigh of relief after a federal court temporarily blocked Trump’s illegal funding freeze for child care. The families I serve in Palmdale, California often commute 90+ minutes to and from work daily. For these janitors, grocery store workers, and delivery drivers, access to child care is the difference between putting food on the table and going hungry. Child care also means peace of mind; the parents I support know their children are safe and learning while they work. When Trump attacked child care, he underestimated what providers mean to the families we serve, and our resolve in fighting back. Child care providers will keep fighting to ensure access to care remains available for all working families,” said Wendy Bobadilla, a family child care provider in Palmdale, California who is a member of Child Care Providers United and SEIU Local 99.

“Child care isn’t a partisan issue, it’s essential infrastructure for small businesses and working families,” said Richard Trent, Main Street Alliance Executive Director. “This unlawful funding freeze would have forced parents out of the workforce and left Main Street employers without the workers they depend on. We’re encouraged by the court’s decision to restore these critical funds and ensure communities aren’t punished for political reasons. 

“Once again, we took the Trump-Vance administration to court for trying to play politics with the lives of working families – and won,” said Skye Perryman, President and CEO of Democracy Forward. “The Trump-Vance administration attempted to withhold billions in funding Congress already approved, threatening child care providers, forcing parents out of work, and destabilizing local economies, all to punish communities it disagrees with. The court saw this for what it is: unlawful, abusive, and dangerous. This decision restores critical support for families and makes clear that no administration can weaponize public funding to serve a political agenda.”

The lawsuit challenges the administration’s January 6, 2026, funding freeze as unlawful under the Administrative Procedure Act and the First Amendment. Plaintiffs allege the freeze was imposed without the required legal process, lacked lawful authority, and was driven by improper political motives targeting certain states.

The legal team at Democracy Forward includes Yenisey Rodríguez, Kevin E. Friedl, Shiva Kooragayala, Cortney Robinson Henderson, Joel McElvain, and Robin F. Thurston.

Read the complaint here.

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Find answers to common questions in the FAQ section below.

Are the benefits from the Retirement Plan taxable income to me?

The State contributions to your Retirement Plan account are not taxable to you until you receive a distribution. There may be distributions options to defer those taxes.

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WHAT – What benefits does the Retirement Fund expect to offer providers?

Expand the Retirement Fund Benefits Table to see benefits.

 Plan Rules
Eligible participants*

You are eligible to participate in the Retirement Plan for a 2024 contribution if you are:

  • A licensed child care provider
  • Who has been paid 6 or more months of child subsidy in the 2023 calendar year (can be non-consecutive months).
Eligibility for benefit credit for contributions in 2024*You will earn your full service credits for 2023 if you were paid for ten or more months of child subsidy in 2023. If you were paid for 6 or more months of child subsidy, you will receive 60% of your service credits, 70% for 7 months, 80% for 8 months and 90% for 9 months. You will not earn any service credit if you were paid for less than 6 months.
ContributionsThe only contributions to the Retirement Plan will be paid from funding won through the CCPU collective bargaining agreement. The Plan does not accept contributions from you.
Amount of annual employer contributions for 2024 service allocable to participants in 2025*You will earn one full service credit for the State contribution on your behalf in 2025 if you were paid for ten or more months of child subsidy in 2024. If you were paid for 6 to 9 months in 2024, you will receive a pro-rated service credit. You will not earn any service credit if you were paid for less than 6 months in 2024.
VestingYou are “vested” in any contribution correctly made to your account. You do not need to work a minimum number of years before 2024 to be entitled to a benefit.
Distribution events

You can elect to receive your account when:

  • You stop all work as a licensed provider paid for state subsidized child care for 9 consecutive months at any age (“terminate from service”);
  • You stop all work as a licensed provider paid for state subsidized child care for 3 consecutive months at age 60 or older (“retirement”); or
  • You attain age 73, which is the age you are required to start receiving payments, unless you are still working.
Forms of distributions

If you are age 60 or older and stop all work as a licensed provider for 3 consecutive months and elect to retire, you can choose to receive your account balance as:

  • One lump-sum payment
  • Approximately equal monthly payments for 5 years
  • Approximately equal monthly payments for 10 years

If you are younger than age 60 and stop all work as a licensed provider for 9 consecutive months, you can only elect to receive your account as one lump-sum payment.

Death benefitsSince your account is 100% vested, you can designate a beneficiary (or multiple beneficiaries) to receive your account balance if you die before you receive it.
InvestmentsThe Board of Trustees will manage how the Retirement Plan is invested on your behalf, with the assistance of investment professionals.

*Special rules apply to providers where more than one provider is on the payment record.

who

Who is eligible for the Retirement Fund benefits?

State contributions to the Retirement Plan are tied to the child care subsidy program. To be eligible for retirement benefits in 2024, you must be a licensed provider who has have been paid for work with a subsidized child in at least 6 months in 2023-these months do not need to be consecutive. License exempt providers are not eligible; however, if you become licensed in a year, your work in that year may count for eligibility.

when

When will the benefits be available?

Contributions to the Retirement Plan are tied to the child care subsidy program. To be eligible for retirement benefits in 2024, you must be a licensed provider who has have been paid for work with a subsidized child in at least 6 months in 2023-these months do not need to be consecutive. License exempt providers are not eligible; however, if you become licensed in a year, your work in that year may count for eligibility.

how

How can I get help enrolling?

If you are eligible, the Plan will automatically enroll you based on data received by the State of California. You should immediately update your information with the Plan so it has has all of your current information and you receive credit for your years of licensed work.