"According to a report by the DOJ's Office of Legal Counsel (OLC), minority-serving institution (MSI) programs are unlawful because they award money to colleges and universities based on the percentage of students of a certain race. The report said such programs "effectively [employ] a racial quota by limiting institutional eligibility to schools with a certain racial composition" and should no longer be funded."
"In a statement from the education department, Secretary Linda McMahon said that the report is "another concrete step from the Trump Administration to put a stop to DEI in government and ensure taxpayer dollars support programs that advance merit and fairness in all aspects of Americans lives. The Department of Education looks forward to working with Congress to reform these programs." The statement noted that the department is "currently evaluating the full impact of the OLC opinion on affected programs.""
"The OLC also evaluated the constitutionality of two TRIO programs, the Ronald E. McNair Postbaccalaureate Achievement Program, a scholarship that helps students from underrepresented backgrounds work towards Ph.D.s, and Student Support Services, which provides grants for institutions to develop academic support infrastructure. It ultimately concludes that those programs are constitutional and may continue to be funded. Nevertheless, in ED's announcement of the DOJ decision, those TRIO programs were included in a list of "affected pr"
The Department of Justice Office of Legal Counsel concluded that multiple Department of Education programs that allocate funds based on the racial composition of student bodies are unlawful because they functionally impose racial quotas on institutional eligibility. The OLC also ruled that allowing the United Negro College Fund and the Hispanic Scholarship Fund access to FAFSA data for race‑specific scholarships is unconstitutional. Secretary Linda McMahon described the action as a step to curtail DEI in government and urged Congressional reform while the Education Department evaluates the opinion's impact. The OLC found two TRIO programs constitutional, though they appeared on ED's affected list.
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