On Feb. 14, the Department of Education sent a “Dear Colleague” letter threatening to cut federal funding from academic institutions that factor in race in most of their decision-making, according to Acting Assistant Secretary for Civil Rights Craig Trainor.
“Federal law thus prohibits covered entities from using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life,” Trainor said. “Put simply, educational institutions may neither separate or segregate students based on race, nor distribute benefits or burdens based on race.”
The letter expands on the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard (2023), which ended race-based affirmative action in college admissions. It goes further by saying schools need to exclude considering race from hiring, financial aid and most aspects of student life.
According to an email by President Kelly to the UP community on Feb. 19, the University does not discriminate on the basis of race, color or national origin and complies with federal non-discrimination laws.
Additionally, Kelly said the University does not believe the letter will affect UP affinity groups, clubs or organizations on campus while noting that, like other executive orders, they are monitoring pending litigation, which could affect their decisions.
“Our identity as a Catholic, Holy Cross institution compels us to build a community in which all (especially those who are marginalized) feel welcomed, respected, and loved,” Kelly said. “As we have noted in previous communications, turbulent times call us to recommit ourselves to core values. At UP, this means treating dignity, community, inquiry, ethics, engagement, and hope as our true ‘north stars.’ We ask that you join us in upholding these things that we, as Pilots, hold dear.”
The Department of Education's letter is the latest attempt by the Trump administration to dismantle diversity, equity and inclusion (DEI) programs in higher education. Already, more than 250 colleges in 36 states have banned or eliminated offices, programs, academic programs, training and student organizations.
According to Political Science Professor William Curtis, who received his Doctor of Jurisprudence from the University of California San Francisco, the letter may have little impact because UP’s equal opportunity and non-discrimination policy likely complies with Title VI of the Civil Rights Act, which is what the letter is calling for universities to do.
Curtis similarly emphasizes Kelly’s point on pending litigation for further clarification about the ramifications of the policy.
“We don't really know what they're going to crack down on yet and how much they're going to crack down,” Curtis said. “There'll probably be lawsuits to come out of it as well, to see how the courts resolve the questions.”
Associate Professor of Political Science Jeffrey Meiser says the letter is intended to target bigger public schools that receive more federal funding to operate. Beyond financial aid, it’s unclear what other federal funding UP receives.
“Those [schools] will be kind of like the test cases about how far and how fast they go,” Meiser said. “There'll be litigation over this, so that will help define what the parameters are and what the Department of Education can do under the existing statutes and the Supreme Court decisions on this case.”
Kimberly Cortez is the Editor-in-Chief of The Beacon. They can be reached at cortez25@up.edu.
