Department of Justice Declines to Defend Hispanic-Serving Institutions Funding Program

What's Happening?

The Department of Justice (DOJ) has announced it will not defend the current definition of Hispanic-serving institutions (HSIs) in a lawsuit challenging the program's constitutionality. The lawsuit argues that the requirement for a college or university to have at least 25% Hispanic undergraduate enrollment to qualify for HSI funding violates the equal-protection component of the Fifth Amendment's Due Process Clause. This decision follows a 2023 Supreme Court ruling that banned affirmative action in student admissions, which the DOJ cites as a precedent. The DOJ's stance could jeopardize hundreds of millions of dollars in federal funding for approximately 600 HSIs across the United States. The Hispanic Association of Colleges and Universities has moved to intervene in the case, seeking to defend the program.

Why It's Important?

The DOJ's decision not to defend the HSI program could have significant implications for educational institutions serving large Hispanic populations. If the lawsuit succeeds, it may lead to a reduction or elimination of federal funding that supports faculty development, facilities, and other resources at these institutions. This could disproportionately affect low-income and first-generation students who benefit from the program. The case also highlights ongoing debates about race-based criteria in federal programs, echoing broader national discussions on affirmative action and equal protection under the law.

What's Next?

The legal proceedings will continue as the Hispanic Association of Colleges and Universities seeks to become a defendant in the case. The outcome of this lawsuit could set a precedent for how race and ethnicity are considered in federal funding programs. Educational institutions and advocacy groups will likely monitor the case closely, as its resolution could impact funding strategies and policies for minority-serving institutions nationwide.