The Department of Justice under President Donald Trump's administration announced on Friday its decision not to defend a federal grant program aimed at supporting colleges with significant Hispanic student populations. The program, established in 1998, has been challenged in a lawsuit spearheaded by the state of Tennessee and the conservative group Students for Fair Admissions. The Justice Department's stance raises concerns about the future of funding for Hispanic-Serving Institutions (HSIs), which currently benefit over 500 colleges and universities across the United States.
The contentious program requires that at least 25% of a college's undergraduate student body be Hispanic to qualify for the grants, which are designed to improve educational facilities and initiatives, including building improvements and science programs. This year, Congress appropriated approximately $350 million for the program, highlighting its significance in the higher education landscape.
The lawsuit and DOJ's agreement with its premise hinge on a recent Supreme Court decision that declared "outright racial balancing" as "patently unconstitutional." The Justice Department's letter to Congress, penned by Solicitor General John Sauer, indicates a broader push against affirmative action policies by the administration. The move has been met with criticism from Senate Democrats and education advocates who argue that it undermines efforts to address disparities in college enrollment and graduation rates among Latino students compared to their white peers.
HSIs play a crucial role in the education of Latino students, with studies indicating that these institutions enroll 67% of Latino undergraduates in the United States. Despite this, HSIs reportedly receive less state and federal funding compared to other colleges. The Hispanic Association of Colleges and Universities (HACU), which represents HSIs, has filed a motion to intervene in the Tennessee lawsuit, expressing concern that the federal government will not adequately represent their interests.
The Trump administration's stance is not without precedent; the federal government has previously declined to defend laws it views as unconstitutional, as seen during the Obama administration with the Defense of Marriage Act and Trump's first term with parts of the Affordable Care Act. However, the current situation has stoked fears among Hispanic universities that the administration's actions are "entirely adverse" to the priorities of HSIs.
While President Trump's 2026 budget request included cuts to the Education Department, it preserved and slightly increased funding for HSIs. Nonetheless, the administration's long-term commitment to Hispanic higher education remains under scrutiny. Unlike historically Black colleges and universities or Native American tribal colleges, the HSI designation is based solely on student enrollment percentages, which means that any school with a 25% Latino student body, including major universities and community colleges, can qualify for the designation and the accompanying federal grants.
The decision of the DOJ not to defend the grant program has sparked a debate on the constitutionality of race-based funding in education and its implications for the Latino community and the broader higher education system in the United States.
