ED's DEI Guidance Is Dead, but Trump's Crackdown Isn't

"As multiple courts blocked the controversial policy from taking effect and the Education Department dropped its challenge to the ruling, advocates for diversity, equity and inclusion have celebrated the document's demise. And many of the plaintiffs in those cases have declared Trump's retreat a "major victory," urging college leaders to confidently rekindle race-based programs that had been snuffed out as an act of precaution."

"The legal experts predict that new avenues Trump could take to crack down on colleges include civil rights investigations from both the Education and Justice Departments, conditions on grant funding, and court settlements. To justify its actions, they add, the administration could use a Department of Justice memo that went further than ED's guidance, along with the president's anti-DEI executive orders—neither of which are currently blocked in court."

"An Education Department spokesperson reinforced that idea, telling K-12 Dive that federal law still prohibits schools from racial preferencing and stereotyping and pledged that the Education Department's Office for Civil Rights will "vigorously enforce" that law "to protect all students and hold violators accountable.""

Education Secretary Linda McMahon's Dear Colleague letter declaring race-based programming illegal was blocked by multiple courts, and the Education Department dropped its legal challenge. Diversity advocates celebrated this as a major victory and urged colleges to restore suspended race-based programs. However, the Trump administration's anti-DEI efforts persist through alternative strategies. Legal experts identify multiple remaining tools including civil rights investigations from Education and Justice Departments, conditions on federal grant funding, court settlements, and enforcement of existing civil rights laws. The Education Department's Office for Civil Rights pledged vigorous enforcement against racial preferencing and stereotyping. A Justice Department memo and presidential executive orders remain unblocked by courts, providing additional legal justification for continued DEI restrictions.

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