DOJ Declines to Support Grants for Hispanic-Serving Colleges, Citing Constitutional Concerns

In a recent decision, the U.S. Department of Justice announced it will not support a longstanding grant initiative that benefits colleges heavily attended by Hispanic students, marking it as potentially unconstitutional.

The Justice Department communicated to Congress that it sides with a lawsuit challenging the grants given to institutions where Hispanic enrolment surpasses 25% of the student body. This program, initiated by Congress in 1998, aimed to bolster college attendance and graduation rates among Latino students, which lagged behind those of their white counterparts.

According to Justice Department representatives, these grants provide an unjust advantage based on ethnic background.

The state of Tennessee, along with an organization opposed to affirmative action, instituted legal proceedings in June, seeking a court injunction to stop the Hispanic-Serving Institution (HSI) initiative. Tennessee asserts that all its public colleges include Hispanic students, yet none meets the ethnic criteria to qualify for the grants, costing these institutions significant funding.

On a recent Friday, the Justice Department issued a letter, penned by Solicitor General D. John Sauer, to Republican House Speaker Mike Johnson. It stated that the department had opted not to defend the HSI program, highlighting portions that it deemed unconstitutional. The letter referenced a 2023 Supreme Court decision which declared racial balancing measures clearly unconstitutional.

Despite requests, the Justice Department has refrained from further comment.

Legal Support and Opposition

The conservative legal group backing Tennessee also filed a successful challenge against affirmative action policies at Harvard and the University of North Carolina, culminating in a 2023 Supreme Court decision that prohibits race-based consideration in college admissions.

Over 500 colleges currently possess the Hispanic-Serving Institution designation, thus qualifying for the grant program. Congress allocated approximately $350 million for these grants in 2024, intended to support a variety of institutional needs from facility upgrades to science departments.

Former President Joe Biden prioritized Hispanic-serving universities, enacting an executive order to expand funding and establish a presidential advisory council. However, President Donald Trump nullified this order on his initial day in office.

Despite President Trump's agenda to significantly reduce education funding, his 2026 budget proposal retained grant allocations for Hispanic-serving institutions and even suggested a slight increase. Nonetheless, skepticism about his administration's dedication to this funding persists.

Intervention and Advocacy

Recently, an association of Hispanic-serving colleges motioned to join as a defendant in Tennessee's lawsuit, concerned that the federal government might not adequately defend the institutions' interests.

This group criticized Trump's policies for conflicting with their interests, particularly given the administration's stance against programs that consider ethnic disparities.

Meanwhile, Tennessee and the organization opposing affirmative action did not challenge the group's desire to take on the legal defense.

Diverse Institutions and Funding Disparities

Unlike colleges historically serving Black or Native American communities, which are named for their missions, any college can obtain HSI status and grants if its Hispanic student population reaches 25% of the undergraduate cohort.

The network of HSIs includes major universities like the University of Texas at Austin and varied community colleges across the nation. The national association advocating for these schools insists that the grants are legal and crucial for leveling the educational playing field.

These institutions enroll a majority of the nation's Latino undergraduates but receive disproportionately less funding than other academic institutions. Hispanic-serving universities accept students from all racial backgrounds, such as Southern Adventist University in Tennessee, where the student body is notably diverse.

Constitutional Responsibilities

While the Justice Department typically defends federal laws, it may abstain if a law is deemed unconstitutional. For instance, the Obama administration chose not to defend the Defense of Marriage Act, and during his first term, Trump similarly did with the Affordable Care Act.

Trump's administration has consistently criticized policies that emphasize diversity, equity, and inclusion, arguing that such measures unfairly disadvantage white and Asian American individuals.