The Trump administration announced on Friday that it will not support a long-standing grant initiative aimed at universities with significant Hispanic enrollment, which is facing legal challenges. The government has concluded that these funds may be unconstitutional.
A memo addressed to Congress from the Justice Department expressed their agreement with a lawsuit that seeks to dismantle grants meant for institutions where at least 25% of the student body identifies as Hispanic. This program was established in 1998, recognizing that Latino students were graduating at significantly lower rates than their white peers.
Officials from the Department of Justice contend that the program provides unconstitutional advantages based on race or ethnicity.
In June, Tennessee and the Violation Conduct Organization filed a lawsuit against the U.S. Education Department, asking the courts to halt the Hispanic Service Agency program. Tennessee claimed that while it served Hispanic students, many institutions failed to meet the “arbitrary ethnic threshold” required for grant eligibility, resulting in missed funding opportunities amounting to tens of millions of dollars.
On Friday, the Justice Department sent a letter to Republican House Speaker John Sauer, stating their decision not to defend the program based on its unconstitutional aspects. The letter referenced a Supreme Court ruling from 2023.
The Department of Justice did not provide any further comments.
Tennessee has been involved in legal battles with the Students for Fair Admission, a conservative legal group that successfully challenged admissions processes at Harvard and the University of North Carolina. This case contributed to a 2023 Supreme Court decision that disallows the consideration of race in university admissions.
Edward Blum, president of Students for Fair Admission, opted not to comment on the matter on Friday.
Currently, over 500 universities are classified as Hispanic Service Institutions, making them eligible for grant assistance. Congress allocated around $350 million to this program for 2024, and universities vie for grants for various purposes, including improving science programs.
Former President Joe Biden prioritized funding for Hispanic-serving institutions and initiated a lawsuit to create a presidential advisory board aimed at boosting funding. Trump rescinded this initiative on his first day in office.
The Justice Department maintains that the grant program provides unfair advantages based on racial criteria.
Trump’s administration has taken steps to reduce funding for educational initiatives and has called for substantial budget cuts. However, the proposed budget for 2026 still included the Hispanic University grant, albeit with only a modest increase suggested by Congress, raising questions about the actual support for fundraising initiatives.
The National Association of Hispanic Universities has filed a motion to intervene in Tennessee’s lawsuit, expressing concerns that the federal government may not adequately represent their interests.
The association criticized Trump’s agenda, claiming it severely undermines their efforts, as the administration seeks to dismantle much of the educational framework. They argue that this program is essential for addressing racial disparities in education.
Tennessee and Students for Fair Admission did not contest the association’s request to lead the legal defense.
In contrast to historical institutions that receive designations based on their missions, any university can obtain an HSI label if at least 25% of its undergraduates are Latinx, qualifying them for grants.
The list of Hispanic Service Institutions includes prominent universities such as the University of Texas at Austin and the University of Arizona, in addition to various community colleges and smaller schools.
The National Association contends that these grants are constitutional and vital for ensuring their members have equal opportunities. While these institutions enroll a considerable 67% of the nation’s Latino undergraduates, they reportedly receive significantly less state and federal funding compared to other colleges. Notably, these universities are open to students of all races, as exemplified by Southern Adventist University in Tennessee.
The Department of Justice typically must uphold constitutional and federal laws but can choose not to enforce laws that seem unconstitutional in rare circumstances. This was seen in 2011 under the Obama administration with the Marriage Defense Act, as well as during Trump’s first term regarding the Affordable Care Act.
The Trump administration is actively challenging diversity, equity, and inclusion policies in various sectors, asserting that these initiatives discriminate against white and Asian American individuals.
