Trump Administration Withdraws Support for Hispanic College Program

The Trump administration has announced it will not contest a lawsuit challenging the constitutionality of the program designed to support Hispanic-serving institutions (HSIs). This program allocates millions of dollars to colleges where at least 25 percent of the undergraduate population identifies as Hispanic. The decision was confirmed on July 7, 2023, following legal action initiated by the group Students for Fair Admissions in Tennessee, which argues that the program’s student body threshold constitutes an illegal quota.

The lawsuit claims that the federal government’s funding criteria unfairly excludes several public colleges and universities in Tennessee, depriving them of essential financial support. The complaint states, “There is no valid reason to make federal funds turn on race or ethnicity. Funds should help needy students regardless of their immutable traits.” This legal challenge is part of a broader movement against diversity and affirmative action initiatives across the United States.

Legal experts anticipated the administration’s decision to withdraw from the legal battle. The Trump administration has consistently opposed diversity, equity, and inclusion efforts, aligning itself with the arguments presented in the lawsuit. Peter Lake, a law professor and director of the Center for Excellence in Higher Education Law and Policy at Stetson University, indicated that the administration’s stance could signal a significant shift for HSIs. He stated, “This is going to lead to a big shake up. It’s a very clear signal to Hispanic-serving institutions that their qualification for federal funding as they understood it is at least in jeopardy with the federal government.”

Complicating the situation further, the U.S. Department of Justice has already indicated that it would not defend the constitutionality of certain provisions of the law that pertain to HSIs. In a letter addressed to Mike Johnson, the Speaker of the House, the solicitor general, D. John Sauer, articulated that the 25-percent threshold violated the Fifth Amendment and contradicted the Supreme Court’s ruling in the case of Students for Fair Admissions v. Harvard.

Leaders of HSIs have expressed their concerns regarding the potential impact of this decision. Cynthia Larive, chancellor of the University of California, Santa Cruz, emphasized the importance of the program, noting that many students at her institution are first-generation college attendees, low-income, or children of agricultural workers. “We’re trying to be an institution of access,” she said, highlighting the broader implications for U.S. economic and scientific leadership.

The Hispanic Association of Colleges and Universities, which includes 371 member institutions, ranging from large universities like Arizona State University to small community colleges, relies significantly on this funding to serve their diverse student populations effectively. The ongoing legal challenges pose a risk not only to these institutions but also to the educational opportunities available to Hispanic students across the country.

As the situation develops, it remains uncertain whether the program will be effectively dismantled or if a resolution can be reached that allows HSIs to continue receiving federal support. Legal analysts expect that the parties involved will seek to negotiate a settlement to navigate these complex issues while ensuring that educational access remains a priority for all students, regardless of their racial or ethnic backgrounds.