Trump Administration’s DOJ Refuses to Defend Hispanic-Serving College Grants, Citing Unconstitutionality

The Trump administration’s Justice Department announced last month it will not defend a long-standing federal grant program for colleges with significant Hispanic student populations, declaring the funding unconstitutional. The decision, outlined in a memo to Congress and a letter dated July 25, aligns with a lawsuit seeking to dismantle the program.

Justice Department officials argue that the grants, reserved for institutions where at least a quarter of undergraduates are Hispanic, provide an unconstitutional advantage based on race or ethnicity. This stance echoes the Supreme Court’s landmark 2023 ruling against affirmative action, which deemed “outright racial balancing” unconstitutional.

The state of Tennessee, alongside conservative legal group Students for Fair Admissions (known for its successful challenge to affirmative action in university admissions), initiated a lawsuit in June, urging a judge to halt the Hispanic-Serving Institution (HSI) program. Tennessee contends its public universities, despite serving Hispanic students, are unfairly excluded from tens of millions in potential funding due to what it calls “arbitrary ethnic thresholds.”

The federal program, created in 1998 to address lower college attendance and graduation rates among Latino students, saw Congress appropriate approximately $350 million for 2024. Over 500 colleges and universities currently hold HSI designation, making them eligible for these grants, which support a wide range of initiatives from infrastructure improvements to academic programs.

In a direct response to the federal government’s position, the Hispanic Association of Colleges and Universities (HACU), a national association representing HSIs, filed a motion last month to intervene as a defendant in the Tennessee lawsuit. HACU expressed concern that the Justice Department, given its stated position, would not adequately represent its members’ interests. The association argues the grants are constitutional and crucial for ensuring an equitable playing field for institutions serving a large proportion of the nation’s Latino undergraduate students.

This move by the Trump administration aligns with its broader agenda to dismantle diversity, equity, and inclusion policies across various sectors, arguing such initiatives discriminate against other racial and ethnic groups.

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