Trump Administration Declares Hispanic College Grants Unconstitutional & Pulls Legal Support

The Trump administration’s decision not to defend the Hispanic-Serving Institution (HSI) grant program has alarmed educators and immigrant advocates who see the move as an attack on equal access to higher education. The program, created in 1998, supports colleges where at least 25% of students are Latino, addressing longstanding disparities in college attendance and graduation rates. As one official put it, “Congress created the program after finding Latino students were attending college and graduating at far lower rates than white students.”

The Justice Department claims the grants amount to an unconstitutional “advantage based on race or ethnicity,” citing the Supreme Court’s 2023 ruling against affirmative action. In a letter to Congress, Solicitor General D. John Sauer wrote the department “has decided not to defend” the program, aligning itself with Tennessee and Students for Fair Admissions, the conservative group that dismantled race-conscious admissions.

But Hispanic educators and civil rights advocates strongly disagree. The Hispanic Association of Colleges and Universities (HACU) stressed that HSIs enroll “67% of the nation’s Latino undergraduates” and that without these grants, “our schools receive far less in state and federal funding than other institutions.” They argue the program doesn’t exclude anyone, noting that HSIs like Southern Adventist University in Tennessee are “28% Hispanic and 40% white.” HACU warned that Trump’s agenda is “entirely adverse” to Latino students, pointing to his effort to dismantle the Education Department.

The stakes are high: more than 500 colleges qualify as HSIs, including flagship universities and community colleges, sharing $350 million in federal funding that supports science programs, infrastructure, and student success initiatives. Advocates say these grants help level the playing field in a system where Latino students remain underrepresented and underfunded.

President Biden prioritized Hispanic-serving schools, creating a White House advisory board and boosting funding. Trump reversed that order his first day in office, fueling concerns about his commitment to Latino education. As HACU argues in court, the program is constitutional and necessary: “These grants help put our members on an even playing field.”

For immigrant communities and their allies, this fight is about more than funding—it’s about ensuring Latino students are not left behind. “There is a responsibility to redress ethnic and racial disparities in education,” advocates say, warning that dismantling HSIs risks widening the very gaps the program was designed to close.

Link: CBSNews