The U.S. Department of Justice released a letter on Aug. 22 that states it does not defend a federal initiative that supports colleges with large Hispanic student enrollment, claiming the initiative is unconstitutional.
The Hispanic-Serving Institutions program, housed within the U.S. Department of Education, recognizes colleges with 25% or more Hispanic undergraduates enrolled full-time, according to the University, and requires the colleges to commit to initiatives that prepare Hispanic students for academic and professional success.
In a July letter addressed to Mike Johnson, speaker of the U.S. House of Representatives, the Department of Justice wrote that the provisions of the HSI program violate the Fifth Amendment’s Due Process clause, which requires fair treatment for everyone regardless of their background.
The letter follows a lawsuit filed in June by Tennessee and Students for Fair Admissions, a nonprofit group that believes classifications in college admissions are unfair, against the Department of Education for its HSI program. Schools that serve Hispanic students but do not meet the “arbitrary ethnic threshold” of at least 25% to join the program miss out on federal support, according to the lawsuit.
“Discriminating against colleges, universities, faculty and students based on race violates the fundamental principle of equal protection under the law,” Edward Blum, president of Students for Fair Admissions, wrote in a June news release. “No student or institution should be denied opportunity because they fall on the wrong side of an ethnic quota.”
The Department of Justice’s claim the HSI program provisions are unconstitutional was based on the 2023 U.S. Supreme Court case Students for Fair Admissions v. President and Fellows of Harvard College, which overturned affirmative action and established “outright racial balancing” is “patently unconstitutional.” Affirmative action attempted to ensure equal opportunity for minority groups in employment and educational opportunities, according to the Office of Equal Opportunity and Diversity at the University of California at Irvine.
Although the department stated the HSI program violates the U.S. Constitution, the letter did not confirm the program’s termination. The Department of Justice did not respond to requests for comment at the time of publication.
UT met the criteria of an HSI as of 2020, according to its website. The HSI program awarded the University the Seal of Excelencia in 2020 and 2023, a certification given to institutions that demonstrate evidence of how they serve Hispanic students through campus programs and resources, according to a UT news release. Applicable University initiatives include the Latino Research Institute, which produces data to sustain equitable environments for the group, according to the UT website.
The Hispanic Association of Colleges and Universities, an organization dedicated to Hispanic success in higher education, filed a motion on July 24 to intervene in the Tennessee and Students for Fair Admissions case. The LatinoJustice Puerto Rican Legal Defense & Education Fund, a nonprofit committed to advancing equity for Hispanics, is also part of the motion. The Department of Education and intervening parties have until Oct. 2 to respond to a complaint filed by Students for Fair Admissions, according to court documents.
“This lawsuit is a direct attempt to erase programs that remedy racial and ethnic disparities,” Francisca Fajana, director of racial justice strategy at LatinoJustice PRLDEF, wrote in a July news release. “We have fought for educational equity for decades from defending K-12 access to supporting affirmative action in higher education. We’re ready to do the same here.”
