In a lawsuit spearheaded by the National Association of Diversity Officers in Higher Education (NADOHE), a federal court issued a nationwide preliminary injunction against certain provisions of Donald Trump’s anti-DEI Executive Orders issued in the first days of his presidency.
“This decision is a critical step in safeguarding the essential work of diversity officers and higher education institutions committed to fostering inclusive excellence,” wrote NADOHE president Paulette Granberry Russell.
A “crucial” victory for higher education and academic freedom, the ruling “vindicates the legitimacy of the efforts by individuals, institutions, and organisations nationwide to foster inclusion in ways that have been uncontroversially legal for decades”, said Russell.
The court ordered that the administration shall not pause, cancel or change the terms of any “equity-related” grants or contracts, or investigate universities with endowments worth more than $1 billion for any related programs, as laid out in Trump’s inauguration day and January 21 Executive Orders
The judge ruled that language used in Trump’s anti-DEI directives was “unconstitutionally vague” and invited “arbitrary and discriminatory enforcement”, as well as appearing to violate free speech protections.
“One of the attempts by the administration to impose their political agenda on higher education has been thwarted,” said Aaron Nisenson, senior counsel member of the American Association of University Professors (AAUP) which brought the lawsuit alongside NADOHE.
“We must continue to fight to maintain the independence of our institutions and the principles of freedom and democracy in this country,” added Nisenson.
The injunction comes as colleges and private companies across higher education have pre-emptively closed DEI offices and removed references to diversity on their websites for fears of federal funding being rescinded.
Earlier this month, the US Department of Education told schools and colleges receiving federal funds that they must end racial preferencing in admissions and hiring or risk investigation and loss of funding.
The administration’s directives stop short of changing the law but would expand the understanding of the US Supreme Court 2023 decision that upended decades-old US policies, ruling that race can no longer be considered a factor in university admissions.
One of the attempts by the administration to impose their political agenda on higher education has been thwarted
Aaron Nisenson, American Association of University Professors
As of February 14, The Chronicle had identified 250 college campuses across 36 states that have made changes to DEI-related offices, jobs and activities as result of mounting political pressure and policy instability under Trump.
The extent to which institutions and organisations are continuing DEI work while changing titles and reframing some initiatives is unclear.
Private companies have also become embroiled in the debate over DEI in the US, with Meta, Google and Amazon among those removing or scaling back DEI content since Trump’s anti-DEI crackdown.
Notably, leading English language testing service, ETS, removed all references to diversity, equity and inclusion on its website earlier this month, including axing the position of chief diversity officer on its leadership page.
“Like every other federal contractor, we are evaluating the new Executive Orders and will continue to comply with federal law,” ETS told The PIE News.
According to the company’s 2024 financial audit, the pre-eminent English assessment company received over $67m from contracts with the federal government, totalling about 5% of their overall operating revenue.
The day before the judge’s injunction, a group of law professors weighed in on the debate, issuing a memo defending why “common DEI initiatives remain legally defensible” notwithstanding Trump’s orders.
Sector stakeholders hope that the court’s decision could slow down or halt institutions’ efforts to dismantle their DEI activities, though this remains unclear.
