Trump administration says that grants to universities that serve Hispanics are unconstitutional
The Justice Department refuses to defend grants to universities that serve Hispanics
The state of Tennessee and Students for Fair Admissions sued the Department of Education in June over the grant program established by Congress in 1965, claiming it was unconstitutional to condition grants on a school's racial makeup.
The lawsuit also noted that the program creates financial incentives for schools to engage in affirmative action, which the Supreme Court barred in 2023.
The Department of Education sets aside hundreds of millions of dollars in grants for Hispanic-Serving Institutions (HSIs) — colleges where at least 25% of undergraduates are Hispanic or Latino — that non-HSIs cannot access.
On Friday, the Justice Department released a letter, cited by The Washington Free Beacon, in which Attorney General John Sauer notified Republican House Speaker Mike Johnson that the department has decided not to defend the program, claiming certain aspects of it are unconstitutional.
The letter, dated July 25, cites a decision by the Supreme Court in 2023 that declared “absolute racial balancing” to be manifestly unconstitutional.
The letter likely spells the end of HSI grants, which the Trump administration is seeking to phase out, just as it has announced it will phase out the Department of Education.
More than 500 colleges have been designated as Hispanic-Serving Institutions, making them eligible for the grant program.
Congress appropriated about $350 million for the program in 2024. Colleges compete for the grants, which can be used for a variety of purposes,from building improvements to scientific programs.