In a landmark policy decision the Trump administration announced on Aug. 25 that it would no longer defend the Developing Hispanic-Serving Institutions Program (DHSI), deeming it unconstitutional. The Department of Justice has also declared its support for a lawsuit seeking to eliminate the program.
The DHSI was established under Title V of the Higher Education Act in 1998 to expand educational opportunities,improve academic outcomes and increase college completion rates among Hispanic and low-income students groups historically underrepresented in higher education.
The program provides approximately $350 million annually to colleges and universities where at least 25 percent of undergraduates identify as Hispanic.
Justice Department officials, including Solicitor General D. John Sauer, contended that aspects of the Developing Hispanic-Serving Institutions Program violate constitutional principles, according to CBS News.
In Tennessee v. U.S. Department of Education (2024), Tennessee Attorney General Jonathan Skrmetti, along with the advocacy group Students for Fair Admissions (SFFA), filed a lawsuit against the federal agency. The plaintiffs argued that congress overstepped its constitutional authority by establishing the Developing Hispanic-Serving Institutions Program, which they say “discriminates on the basis of race.”
According to the lawsuit, the program’s requirement that participating colleges have a minimum of 25% Hispanic undergraduate enrollment unfairly excludes other institutions, even when they serve significant numbers of Hispanic students.
Skrmetti and SFFA claim this racial classification amounts to unconstitutional preferential treatment and undermines equal protection under the Fifth Amendment, potentially depriving public universities of millions of dollars in federal funding.
The lawsuit has also prompted broader debate over diversity initiatives, drawing parallels to the Trump administration’s opposition to DEI programs and affirmative action. It also follows the precedent set by the U.S. Supreme Court’s landmark 2023 decision overturning racial admissions in Students for Fair Admission vs Harvard, representing a continued legal push against race based consideration in education.
In response to a statement from the U.S. Department of Justice’s Solicitor General D. John Saucer, who argued that the program “violates the equal-protection component of the Fifth Amendment’s Due Process Clause,” institutions such as the Hispanic Association of Colleges and Universities (HACU) have voiced strong opposition.
In a statement, the association conveyed that ending grants for Hispanic-serving institutions would cut off critical resources for programs supporting first-generation, low-income and other historically underrepresented college students.
“This unjust effort to end the HSI grant program will disproportionately harm all students attending these colleges and universities and their communities,” HACU said.
Mercedes Tibbits, a professor of Spanish language, literature and culture at Howard University, expressed concern about how Hispanic students will be impacted if the DHSI program is dismantled.
Tibbits said many Hispanic students pursue higher education with the hope of creating better futures for themselves, despite financial barriers.
She added that it is important to prioritize need-based programs that direct resources to students who genuinely require them.
“I believe that everyone who wants to pursue higher education should receive support to make that dream possible,” Tibbits said.
Copy edited by Damenica Ellis
