Justice Dept. declines to defend grants for Hispanic-serving colleges, calling them unconstitutional

The Trump administration says it will not defend a decades-old grant program for heavily Hispanic universities that is being challenged in court, declaring that the government believes the funding is unconstitutional

WASHINGTON — The Trump administration said Friday it will not defend a decades-old grant program for colleges with large numbers of Hispanic students that is being challenged in court, declaring the government believes the funding is unconstitutional.

In a memo sent to Congress, the Justice Department said it agrees with a lawsuit attempting to strike down grants that are reserved for colleges and universities where at least a quarter of undergraduates are Hispanic. Congress created the program in 1998 after finding Latino students were going to college and graduating at far lower rates than white students.

Justice Department officials argued the program provides an unconstitutional advantage based on race or ethnicity.

The state of Tennessee and an anti-affirmative action organization sued the U.S. Education Department in June, asking a judge to halt the Hispanic-Serving Institution program. Tennessee argued all of its public universities serve Hispanic students but none meet the “arbitrary ethnic threshold” to be eligible for the grants. Those schools miss out on tens of millions of dollars because of discriminatory requirements, the suit said.

On Friday, the Justice Department released a letter dated July 25 in which Solicitor General John Sauer notified Republican House Speaker Mike Johnson that the department “has decided not to defend” the program, saying that certain aspects of it are unconstitutional. The letter cited a 2023 Supreme Court decision that racial balancing is “patently unconstitutional.”

The Justice Department did not immediately respond to a request for comment.

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