Grants for Hispanic-serving colleges are deemed unconstitutional, as the Justice Department decides not to uphold them.
The Trump administration has made a controversial decision not to defend the decades-old grant program for colleges with large numbers of Hispanic students, deeming it unconstitutional. This decision comes as the program is being challenged in court by the state of Tennessee and an anti-affirmative action organization.
The program, which reserves grants for colleges with at least a quarter of undergraduates being Hispanic, has been a vital source of funding for over 500 Hispanic-Serving Institutions (HSIs) across the United States. These institutions enroll 67% of the nation's Latino undergraduate students but receive far less in state and federal funding than other institutions.
The Hispanic Association of Colleges and Universities (HACU) argues that the grants are constitutional and help put its members on an even playing field. However, the Justice Department's decision not to defend the program is based on a 2023 Supreme Court decision that outlawed "outright racial balancing" as patently unconstitutional.
The national association of Hispanic-serving universities has filed a motion to intervene as a defendant in the Tennessee lawsuit. The HACU voiced concern that the federal government would not adequately represent the group's members.
Southern Adventist University, a private school in Tennessee, is an example of a Hispanic-serving university with a student body that is 28% Hispanic and 40% White. The university, like many others, competes for the grants, which can be used for a range of purposes, including building improvements and science programs.
Tennessee argues that all of its public universities serve Hispanic students but none meet the "arbitrary ethnic threshold" to be eligible for the grants. Students for Fair Admissions, a conservative legal group backing Tennessee in the lawsuit, successfully challenged affirmative action in admissions at Harvard and the University of North Carolina, leading to a 2023 Supreme Court ruling that forbids universities from considering students' race in admissions decisions.
The Trump administration has fought to end diversity, equity, and inclusion policies in government, education, and business, arguing that they discriminate against White and Asian American people. The administration's 2026 budget request preserves grants for Hispanic-serving universities and asks for a slight increase.
The program received about $350 million in funding from Congress in 2024. The Trump administration's decision not to defend the program has raised concerns among HSIs about the future of the grant program and the potential impact on their institutions.
In a letter to Republican House Speaker Mike Johnson, the Justice Department agreed with the lawsuit attempting to strike down the grants reserved for colleges with at least a quarter of undergraduates being Hispanic. The HACU argues that the grants are crucial for ensuring equal opportunities for Hispanic students and maintaining diversity in higher education.
As the legal battle unfolds, HSIs and their supporters will continue to advocate for the constitutionality of the grant program and the importance of supporting institutions that serve large numbers of Hispanic students. The outcome of the lawsuit could have significant implications for the future of HSIs and the thousands of students they serve.
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