The Department of Education sent a Dear Colleague letter to universities on Friday warning them of funding cuts if they persist in diversity, equity and inclusion (DEI) programs that the Trump administration considers illegal.
Craig Trainor, the acting assistant secretary for civil rights at the Education Department, told schools the federal agency will begin taking action in 14 days to assess compliance.
“In recent years, American educational institutions have discriminated against students on the basis of race, including white and Asian students, many of whom come from disadvantaged backgrounds and low-income families. These institutions’ embrace of pervasive and repugnant race-based preferences and other forms of racial discrimination have emanated throughout every facet of academia,” Trainor wrote.
“But under any banner, discrimination on the basis of race, color, or national origin is, has been, and will continue to be illegal,” he added.
The letter refers to the 2023 Supreme Court case that ruled affirmative action in admissions is illegal but said the department is looking to expand upon that ruling.
“Although SFFA [Students for Fair Admissions] addressed admissions decisions, the Supreme Court’s holding applies more broadly. At its core, the test is simple: If an educational institution treats a person of one race differently than it treats another person because of that person’s race, the educational institution violates the law,” the letter says.
Trainor says this refers to hiring practices, financial aid, scholarships, graduation ceremonies and all aspects of college life.
Conservatives are increasingly targeting education programs specifically tailored to certain races, with one group suing McDonald’s for a scholarship program only meant for Latino students.
President Trump is seeking to purge DEI from the federal government — and from any entity that receives its funding.
The National Association of Diversity Officers in Higher Education and the American Association of University Professors are currently suing the administration over Trump’s executive orders, saying they exceed his authority.
“In his crusade to erase diversity, equity, inclusion, and accessibility from our country, President Trump cannot usurp Congress’s exclusive power of the purse, nor can he silence those who disagree with him by threatening them with the loss of federal funds and other enforcement actions,” the suit reads.
Trainor’s letter says schools should ensure they are complying with the federal law, stop efforts to “circumvent” bans on using race to achieve certain means and stop using third-party contractors to gather that sort of information.
“The Department will no longer tolerate the overt and covert racial discrimination that has become widespread in this Nation’s educational institutions. The law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent,” the letter says.
