Federal judge halts Trump administration effort to shut down DEI programs
Court says Department of Education bypassed legal safeguards in move to cut 'race-based decision-making.'
A federal judge in Maryland ruled that the U.S. Department of Education violated federal law when it attempted to shut down DEI programs without following proper legal procedures.
A federal judge in Maryland ruled on Aug. 14 that the Department of Education violated federal law when it tried to shut down Diversity, Equity, and Inclusion (DEI) programs without what it considered proper legal procedures.
The court struck down both the agency’s guidance and a certification mandate that would have forced schools to affirm they had ended all “race-based decision-making” in admissions, hiring, promotions, financial aid, and awards. The lawsuit was brought by several educator associations and an Oregon school district.
Judge Stephanie Gallagher authored the 76-page opinion invalidating the “Dear Colleague” letter issued by the Department of Education on Feb. 14. The letter warned K-12 schools that any practice “differentiating people based on their race” could risk federal funding, and struck down “programs to advantage one’s race over another.”
A follow-up FAQ issued on Feb. 28 clarified how this definition was to be applied, stating cultural observances like Black History Month or International Holocaust Remembrance Day were permissible if open to all. Title VI violations depend upon unequal treatment rather than labels like “diversity” or “inclusion,” the follow-up report outlined.
Gallagher said the department bypassed the Administrative Procedure Act, which requires a notice-and-comment period before binding regulations are imposed.
The court ruled that the mandate was “arbitrary and capricious,” because it attempted to overhaul campus compliance obligations without transparency, analysis, or input. Gallagher was sure to clarify that it took “no view as to whether the policies at issue are good or bad, prudent or foolish, fair or unfair.”
Daniel Rosario, a first-generation American and a graduate student at the University of Pennsylvania in Philadelphia, told Campus Reform the case reveals financial incentives behind the push to maintain DEI programs.
“Organizations defending race-based admissions are driven by financial interests, such as lucrative grants and consulting fees, rather than authentic concern for student outcomes, as shown by stagnant diversity metrics at top universities before 2023,” Rosario said.
“These groups champion ‘diversity’ until minority students embrace conservative causes, revealing self-serving motives behind perpetuating these arbitrary admissions practices.”
[RELATED: George Mason violated civil rights law with DEI-based hiring, Ed Dept. says]
The potential for appeal remains. Gallagher’s nationwide block on enforcement is in effect, but the decision did not strip the Department of Education of its underlying enforcement authority under Title VI.
Instead, the court specifically invalidated the Feb. 14 “Dear Colleague” letter and the Mar. 1 FAQ and certification mandate.
Campus Reform reached out to the U.S. Department of Education and the American Federation of Teachers for comment. This article will be updated accordingly.
