A federal program to support colleges and universities that serve Hispanic and Latino students is currently being challenged in court. Now, the Trump administration is refusing to support the program, arguing that it is unconstitutional. This is the latest move by the administration to dismantle or undermine programs that benefit marginalized racial and ethnic minorities.

Justice Department drops support for program that benefits Hispanic-serving colleges and universities

The Department of Justice has indicated to Congress that it will not support a program that provides federal grants to colleges and universities that are designated as Hispanic-serving institutions. The program, authorized by Congress in 1998, provides grants to colleges and universities in which 25% or more of the undergraduate student body is Hispanic. In the Justice Department’s letter, dated July 25 but released publicly on Friday, Solicitor General John Sauer informed House Speaker Mike Johnson that the DOJ will not defend the program because it has determined that the program engages in “outright racial balancing” and that this is “patently unconstitutional.”

Building on the Supreme Court affirmative action ban

The lawsuit at the heart of this case was filed in June by the state of Tennessee and the group Students for Fair Admissions, the organization whose lawsuit led to the Supreme Court’s 2023 decision striking down affirmative action policies that use race as a factor in college admissions. In the current lawsuit, SFFA argues that the 25% requirement to qualify as a Hispanic-serving institution is an illegal racial quota. Tennessee additionally argues that the threshold has deprived the state’s colleges and universities of federal funding, as none of the schools in the state meet the 25% threshold. Meanwhile, supporters of the program note that hundreds of schools could be hurt if the program was discontinued; the Hispanic Association of Colleges and Universities lists 371 schools across the United States that qualify as Hispanic-serving institutions under the current definition.

Trump administration continues anti-diversity campaign

The move by the DOJ to abandon its support for the Hispanic-serving institutions program is not surprising given the Trump administration’s attacks on diversity initiatives. Since President Donald Trump returned to the White House, the federal government has launched a campaign against what it labels diversity, equity and inclusion programs in everything from universities to federal agencies to museums. Additionally, the administration has adopted a broad view of the 2023 anti-affirmative action ruling, labeling virtually all college and university programming that uses or mentions race as illegal. The current action also raises concerns for Historically Black Colleges and Universities, but the administration is currently saying that it will continue to support HBCUs because their funding is not dependent on a specific percentage or threshold of Black students attending those schools.

Nevertheless, the Trump administration has made it clear that it opposes virtually all programs that seek to benefit marginalized racial or ethnic groups or otherwise take race into account. The decision to extend that stance to funding for Hispanic-serving institutions has the potential to take away hundreds of millions of dollars in annual funding to support Hispanic students. This latest move also sets the stage for the Trump administration and groups like SFFA to continue to chip away at programs and policies across the country.

unconstitutional

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