• Trump administration will not defend federal grants for Hispanic-serving colleges, claiming they are unconstitutional.
• A lawsuit led by Tennessee and the group Students for Fair Admissions challenges the legitimacy of the HSI program.
• The US government appropriated $350 million for the grants in 2024, supporting over 500 colleges.
• The Hispanic Association of Colleges and Universities seeks to intervene in the lawsuit, defending the program's constitutionality.
• Concerns arise over potential impacts on minority-focused funding if the program is halted.

The Trump administration announced it will not defend a longstanding grant program for Hispanic-Serving Institutions (HSIs), declaring the funding unconstitutional. Established in 1998 to help address disparities in education for Latino students, the program is currently facing legal challenges, particularly from Tennessee, where officials argue the eligibility cut-off of 25% Hispanic enrollment is discriminatory and arbitrary. This legal stance reflects broader concerns about the implications of race-based funding, as reiterated by the Justice Department's recent memos. Congressman Mike Johnson received a formal notification on July 25 from Solicitor General John Sauer stating that the program offers an "unconstitutional advantage based on race or ethnicity," referencing a 2023 Supreme Court decision that deemed "outright racial balancing" unconstitutional, according to HuffPost, India Times, Los Angeles Times, and CBS News.

The lawsuit against the U.S. Education Department contends that Tennessee public universities serve Hispanic students but do not meet the HSI criteria, causing them to miss out on crucial federal funding. The state argues this dynamic constitutes a violation of federal law and the Constitution. Currently, HSIs receive significant federal support, with Congress appropriating $350 million for the grant program in 2024, aimed at bolstering their resources and improving educational outcomes for Hispanic students. Institutions across the country, particularly in states like California with large Latino populations, rely heavily on these funds for various educational initiatives, as reported by HuffPost, India Times, Los Angeles Times, and CBS News.

In response to the legal threat, the Hispanic Association of Colleges and Universities (HACU) has filed a motion to intervene in the lawsuit, expressing concerns that the federal government will not adequately defend the interests of member institutions. HACU argues that HSIs play a critical role in addressing educational inequities, as these institutions enroll 67% of the Latino undergraduate population in the U.S. and yet operate with significantly less funding compared to their counterparts. The organization maintains that the HSI grants are constitutional, aligning with their mission to enhance educational opportunities, reported by HuffPost, India Times, Los Angeles Times, and CBS News.

The implications of the Justice Department's decision could reverberate beyond the HSI program, potentially challenging similar funding initiatives for Historically Black Colleges and Universities (HBCUs) and tribal colleges. The legal foundation established in the current case may set a precedent that could alter how minority-focused educational funding is approached in the future, thus reshaping the landscape of federal support for such institutions, emphasizing the growing tension around diversity and inclusion policies within federal education funding strategies, according to HuffPost, India Times, Los Angeles Times, and CBS News.