Civil rights groups have filed a lawsuit against the US Department of Health and Human Services (HHS) for failing to respond to a Freedom of Information Act (FoIA) request concerning the Trump administration's restrictions on federal childcare and family assistance programs. The restrictions followed unsubstantiated claims of fraud against Somali childcare providers and Democratic state officials.
Groups Seek Transparency on Funding Freeze
The lawsuit, brought by the American Civil Liberties Union, the ACLU of Illinois, the ACLU of Colorado, the National Women’s Law Center, and the National Center for Law and Economic Justice, seeks correspondence between federal officials and far-right social media influencer Nick Shirley. Shirley’s December 2025 YouTube video, boosted by Elon Musk on X, showed him visiting ten childcare centers in Minnesota, demanding proof of enrollment, and attempting to enroll a fake child. He claimed, without evidence, that the centers were fraudulent.
When asked by CNN how he knew the allegations were true, Shirley responded: “Well, we showed you guys what was happening, and then you guys can go ahead and make your own analysis.” Local reporters later debunked his claims, and state investigators found normal operations at nine of the ten centers; one had been closed for years, and another had not yet opened.
Funding Freeze and Legal Challenges
The video was cited by senior Trump administration officials as the basis for funding restrictions. In January 2026, the Trump administration froze over $10 billion in federal funds for California, Colorado, Illinois, Minnesota, and New York. The affected programs—the Child Care and Development Fund (CCDF), Temporary Assistance for Needy Families (TANF), and Social Service Block Grant (SSBG)—support millions of Americans annually for childcare, food, clothing, and other services.
The states sued to block the freeze, and a federal judge granted a court order stopping it on January 9, 2026. In July 2026, the Trump administration moved to resolve the lawsuit after being ordered to produce unredacted emails regarding the freeze. The states later added the Office of Management and Budget to the lawsuit, as discovery revealed its significant role.
Lawsuit Demands Records Release
The new lawsuit seeks a court order requiring HHS to promptly process and release all non-exempt records, including communications referencing “fraud” and “Somali,” and records related to statements by Trump and administration officials justifying the funding restrictions. The lawsuit alleges the restrictions caused panic and fear among families reliant on the programs, resulting in delays in childcare funding. It also claims Trump and Republicans in Congress continue making unsubstantiated claims of widespread fraud.
“This lawsuit is really about demanding transparency and accountability from this administration, and really understanding what the true justifications for these attacks,” said Linda Morris, senior staff attorney at the ACLU Women’s Rights Project. Morris added: “These attacks on childcare programs are fueled by racist rhetoric, including anti-Somali and anti-immigrant bias, and they’re also motivated by the administration’s desire to attack its political opponents.”
The White House and HHS did not immediately respond to requests for comment.
