Tag: feds

  • Duke shows what not to do when feds come knocking

    Duke shows what not to do when feds come knocking

    This op-ed originally appeared in the Duke Chronicle on Dec. 21, 2025.


    Duke’s fight against the Trump administration has a new front: employee speech. After the White House accused the school of maintaining unlawful racial preferences and cut millions of dollars in research funding as punishment, the University ordered its employees to keep silent.

    In late August, Jenny Edmonds, Sanford School of Public Policy’s associate dean of communications and marketing, emailed faculty members that all requests about “Duke and current events” must go through the University’s PR office. She cited increased scrutiny on universities and their policies and admonished faculty to stay in their lanes, discussing only their research with the media. While Edmonds’s message was limited to the public policy school, faculty across the university got similar messages. President Vincent Price and Academic Council Chair Mark Anthony Neal praised the faculty, with Neal remarking it was “pretty amazing” that the Times received no comment from faculty members.

    This kind of restriction is offensive to free speech principles. Students and employees of private universities — that promise not suppress speech — have a right to speak with the media on matters of public concern. At public schools, those rights are protected by the First Amendment, but at Duke, it is the University’s own promises that enshrine employees’ rights to speak freely, without fear of university retaliation.

    Restricting their expression not only hurts these community members’ speech rights but also the rights of other concerned citizens to listen to expert opinions about the institutions they know best. And imposing a restraint — even an implicit one — on what employees can say to the media makes Duke a liar, belying its posturing as a university committed to open discourse.

    Suppressing student and employee speech instead of standing up for an institution’s autonomy and legal rights will always be a losing battle.

    Unfortunately, Duke isn’t alone in targeting speech to avoid political ire. Just ask student journalists at Purdue University, which broke off its longstanding agreement to distribute student newspaper The Exponent, citing a fear that others would conflate the paper’s positions with the university’s. Even though Purdue never cited the Trump administration’s campaign against higher education institutions, the insistence that honoring its agreement would constitute endorsing everything printed in a 135-year-old student newspaper suggests it, like Duke, wanted to make sure nothing its constituents said could draw unwanted government scrutiny.

    And one can understand why Duke and Purdue felt pressure to censor their community members. There are countless examples of the Trump administration bringing the heat to universities, costing them hundreds of millions of dollars in funding. Outspoken students have even led federal officials to investigate — and pause funding for — major institutions.

    What free speech rights do government employees have?

    Does the First Amendment protect public employees when they speak? It depends.


    Read More

    The fear that they could be next has not only chilled institutions; it’s led them to punish their own press corps and cut themselves off from other journalists. These responses, while noxious for a culture of free expression, may seem logical to administrators in the face of a government hellbent on attacking higher education. But even if such efforts seem like a good way to dodge pressure from Washington, universities are chilling speech that the Trump administration dislikes without the White House having to do anything.

    But the Trump administration’s aggression can only explain so much. Some universities, like Harvard, have minced no words in rebuffing attacks on their institutional independence. Why not Duke? Purdue?

    These universities are hurting their own case by targeting employees’ media comments. When they issue edicts restricting what employees can say, what this strongly suggests to an outside observer is that the university is in fact trying to hide something. It’s the higher-ed equivalent of Tony Soprano frantically stashing money in an air vent seconds before the FBI busts down his door. 

    Suppressing student and employee speech instead of standing up for an institution’s autonomy and legal rights will always be a losing battle. Harvard knew that, and has enjoyed numerous court rulings affirming its First Amendment freedoms. Duke and its peers are facing jarring federal overreach, and one can understand their fear. But in choosing censorship over principle, they hurt their students, their faculty and themselves.

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  • As Feds Crack Down on Huge Ed Tech Data Breach, Parents and Students Left Out – The 74

    As Feds Crack Down on Huge Ed Tech Data Breach, Parents and Students Left Out – The 74

    School (in)Security is our biweekly briefing on the latest school safety news, vetted by Mark KeierleberSubscribe here.

    The Federal Trade Commission announced this month plans to crack down on technology company Illuminate Education over a massive 2021 data breach. The move added to a long list of government actions against the firm since hackers broke into its systems and made off with the sensitive information of more than 10 million students.

    Three state attorneys general have also now imposed fines and security mandates on the company following allegations it misled customers about its cybersecurity safeguards and waited nearly two years to notify some school districts of the widespread data breach.

    The ones that haven’t made progress in their efforts to hold Illuminate accountable are parents and students.

    Their pursuit hit a wall in September when the Ninth Circuit Court of Appeals dismissed a federal lawsuit filed by the breach victims. The court, ruling on a case filed in California, found that the theft of their personal data — including grades, special education information and medical records — didn’t constitute a concrete harm.


    In the news

    Students walkout of East Mecklenburg High School in protest of U.S.Border Patrol operations targeting undocumented immigrants on Nov. 18 in Charlotte, North Carolina. (Getty Images)

    The latest in President Donald Trump’s immigration crackdown: In many cities across the country, from New Orleans to Minneapolis, resisting federal immigration enforcement means keeping kids in school. | The 74

    • Trump’s mass deportation effort has had a particularly damaging effect on the child care industry, which is heavily reliant on immigrant preschool teachers — most of them working in the U.S. legally — who have found themselves “wracked by anxiety over possible encounters with ICE.” | The Associated Press
    • ‘Culture of fear’: Immigrant students across the country have increasingly found themselves targets of bullying since the beginning of Trump’s second term, according to a new survey of high school principals. | The Guardian

    A Kansas middle school will no longer assign Chromebooks to each student: Computers have had “a wonderful place in education,” the school’s principal said. But schools have “simply immersed students too much in technology.” | KWCH

    A Florida middle school went into lockdown after an automated threat detection system was triggered by a clarinet. A student was walking in the hallway “holding a musical instrument as if it were a weapon.” | News6

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    ‘Got what he deserved’: A California teacher has filed a federal First Amendment lawsuit against her school after she was suspended for a Facebook post calling right-wing political activist and Turning Point USA founder Charlie Kirk a “propaganda-spewing racist misogynist” a day after he was murdered. | NBC News

    • In Florida, two teachers have filed separate First Amendment lawsuits after they were punished for social media posts critical of Kirk after his death. | First Coast News
    • Texas Gov. Gregg Abbott announced a partnership with Turning Point USA to create local chapters of the group at every high school campus in the state, vowing “meaningful disciplinary action” against any educators who stand in the way. | The Texas Tribune
    • Kirk’s wife, Erika Kirk, will field questions from “young evangelicals, prominent religious leaders and figures across the political spectrum” during a live town hall Saturday on CBS News moderated by its new editor-in-chief, Bari Weiss. | CBS News
    • ICYMI: The Trump administration’s First Amendment crackdown in the wake of the activist’s violent death has left student free speech on even shakier ground. | The 74
    Vice chair Robert Malone during a meeting of the CDC Advisory Committee on Immunization Practices on Dec. 5 (Getty Images)

    Following a shakeup in its ranks by vaccine skeptic and Health and Human Services Secretary Robert F. Kennedy Jr., a Centers for Disease Control and Prevention advisory committee voted to overturn a decades-long recommendation that newborn babies be immunized for hepatitis B — a policy credited with decimating the highly contagious virus in infants. | The 74

    • A measles outbreak in South Carolina schools is accelerating, with some unvaccinated students in a second 21-day quarantine since the beginning of the academic year. | NBC News  

    A photo that circulated online depicted California high school students lying in the shape of a swastika on the grass of a football field. Chaos ensued. | The Guardian

    ‘It feels nasty. It’s gross.’: Controversy has come to a head at a California high school after an adult film producer rented out the campus gym for a raunchy livestream. “The first thing I see is a full-grown adult, an adult man wearing a baby costume and being fed milk from a baby bottle,” one student observer noted. | NBC San Diego

    Two Texas teenagers allegedly conspired to carry out a school shooting at their high school but the plot was thwarted after classmates reported text messages with their plans to school police. “Don’t come to school on Monday,” one of the messages warned. | KHOU


    ICYMI @The74

    To Ease Civil Rights Backlog, McMahon Orders Back Staff She Tried to Fire

    A GOP push to limit public borrowing by graduate students could exclude many nursing students, as well as those training for several other professions. (Glenn Beil/Getty Images)

    Nurses, Social Workers Face ‘Bad Situation’ Under Proposed Loan Limits

    In New Mexico, Grandparents Caring for Grandkids Can Also Get Free Child Care Now(Co-published with The 19th)


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  • Democrats warn feds against selling student loans to private market

    Democrats warn feds against selling student loans to private market

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    Dive Brief:

    • Over 40 Democratic lawmakers have called on the Trump administration to abandon reported talks about the possibility of selling off a chunk of the federal government’s $1.6 million student loan portfolio to the private market.
    • In a Sunday letter to U.S. Education Secretary Linda McMahon and Treasury Secretary Scott Bessent, the federal lawmakers warned transferring student debt ownership to the private sector could strip borrowers of legal protections and violate the law if the loans are sold at a loss to taxpayers.
    • “The federal government cannot simply eliminate its legal obligations to borrowers,” the members of Congress said. “Federal law requires that the protections guaranteed in the original terms of a borrower’s loan must be honored even if the Department of Education proceeds with a sale.”

    Dive Insight:

    The letter from Democrats — signed by U.S. Sens. Elizabeth Warren, Richard Blumenthal and Ron Wyden, among others — follows an October report from Politico about talks in the Trump administration that centered on a partial sale of the government’s student loans. 

    According to Politico, senior officials in the U.S. departments of Education and Treasury have recently discussed selling high-performing student loan debt to the private sector. 

    The administration has also broached the possibility with finance executives, among them potential buyers of the loans, and is considering bringing in consultants or banks to review the portfolio, the news outlet reported.

    In addition to calling for the Trump administration to cease any talks, the lawmakers requested detailed information on any potential plan and the names of those who have participated in any discussions. The Education and Treasury departments did not respond to requests for comment by publication time on Tuesday. 

    The Education Department’s Federal Student Aid office oversees the loan portfolio and contracts out servicing to private entities. Student loan receivables represent one of the largest assets on the nation’s balance sheet. 

    A 1998 law allows the government to sell student loan assets — so long as it is done at no cost to the government — which could be why no such sale has taken place to date. The Sunday letter said the first Trump administration mulled the possibility but never pursued it, pointing to Wall Street Journal reporting that the agency hired the consultancy McKinsey & Co. at the time to review the portfolio..

    The Democratic lawmakers and others have argued the no-cost provision means the government could not sell the loans for less than what it would collect if it kept them on the public balance sheet. 

    In 2024, FSA estimated the net value of the government’s student loan portfolio at about $1.1 trillion. However, a 2025 analysis from the Project on Predatory Student Lending argues this figure “is almost certainly wrong,” based on data and assumptions that “have proven wildly off-base.”

    That figure represents the government’s own valuation of the loan portfolio. In the case of a sale, the relevant figure would be the price a private sector buyer would be willing to pay. 

    The student lending project said the government has several advantages as a lender over private companies, including unlimited time to collect, the ability to withhold federal payments such as tax refunds to offset loan defaults, and immunity from legal liability for loan servicing failures. All of that means student loans are likely worth more to the government than to the private sector, according to PPSL. 

    Along with a potential loss to taxpayers, the Democratic lawmakers warned of the possible impact to student borrowers from transferring loan assets. 

    “By selling parts of the federal student loan portfolio, the Trump Administration may seek to unlawfully strip borrowers of their legally guaranteed protections,” they wrote. 

    The lawmakers pointed to protections such as income-driven repayment, public service loan forgiveness, disability and death discharges, and debt relief for those determined to have been defrauded by predatory colleges. 

    “Private lenders typically do not guarantee these kinds of borrower rights,” they wrote. “Profits would likely come at the expense of the borrower via fewer protections and less generous benefits. However, the federal government cannot simply eliminate its legal obligations to borrowers.”

    PPSL argued in its analysis that removing provisions for borrowers could make the loan portfolio more valuable to private buyers, but those loan provisions in contracts with the federal government represent property protected by the Fifth Amendment. 

    “Any law stripping repayment rights or other favorable terms from student loan contracts would potentially trigger an obligation to compensate student loan borrowers for the loss of those terms,” the organization said.

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  • Feds cannot withhold funding from UC system amid lawsuit, judge rules

    Feds cannot withhold funding from UC system amid lawsuit, judge rules

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    Dive Brief:

    • A federal judge on Friday issued a preliminary injunction barring the Trump administration from freezing the University of California system’s research funding as part of civil rights investigations. 
    • In a scathing ruling, U.S. District Judge Rita Lin found the administration’s actions unconstitutional, describing “a playbook of initiating civil rights investigations of preeminent universities to justify cutting off federal funding,” with the aim of “forcing them to change their ideological tune.”
    • While a lawsuit over the Trump administration’s actions is ongoing, Lin barred the federal government from using civil rights investigations to freeze UC grant money, condition its grants on any measure that would violate recipients’ speech rights, or seek fines and other money from the system.

    Dive Insight:

     In her ruling, Lin described a “three-stage playbook” that the Trump administration uses to target universities. First, an agency involved with the administration’s Task Force to Combat Anti-Semitism announces civil rights investigations or planned enforcement actions. Then, the administration issues mass grants cancellations without following legally mandated administrative procedures, Lin wrote.

    In the third stage, Lin said, the U.S. Department of Justice demands payment of millions or billions of dollars in addition to other policy changes in return for restored funding. A DOJ spokesperson on Monday declined to comment on the lawsuit. 

    In the case of UC, the judge ruled that plaintiffs — a coalition of faculty groups and unions, including the American Association of University Professors — provided “overwhelming evidence” of the administration’s “concerted campaign to purge ‘woke,’ ‘left,’ and ‘socialist’ viewpoints from our country’s leading universities.”

    It is undisputed that this precise playbook is now being executed at the University of California,” wrote Lin, citing public statements by Leo Terrell, senior counsel in the DOJ’s civil rights wing and the head of administration’s antisemitism task force. Terrell alleged that the UC system had been “hijacked by the left” and vowed to open investigations. 

    The Trump administration did just that. In August, it froze $584 million in research funding at the University of California, Los Angeles after concluding that the institution violated civil rights law. It primarily cited UCLA’s decision to allow a 2024 pro-Palestinian protest encampment to remain on campus for almost a week before calling in the police. 

    The administration has sought a $1.2 billion penalty from UCLA to release the funds and settle the allegations. “The costs associated with this demand, if left to stand, would have far-reaching consequences,” Chancellor Julio Frenk said in a public message in August. 

    Lin noted in her Friday ruling that the administration also sought settlement terms “that had nothing to do with antisemitism,” including policy changes to how UCLA handles student protests, an adoption of the administration’s views on gender, and a review of its diversity, equity and inclusion programs.

    The administration’s campaign resulted in a significant and ongoing chilling of faculty’s actions, both in and out of the classroom, Lin said.

    In addition to teaching and conducting research differently, members of the plaintiff groups have also changed how they engage in public discourse and limited their participation in protest, Lin said. Faculty have self-censored on topics such as structural racism and scrubbed their websites of references to DEI out of fear of reprisal. 

    These are classic, predictable First Amendment harms, and exactly what Defendants publicly said that they intended,” Lin concluded.

    While acknowledging the importance of combating antisemitism, Lin said the government was “silent on what actions UCLA took to address” antisemitism issues on its campus between May of 2024, when pro-Palestinian protesters established an encampment, and July 2025, when the DOJ concluded UCLA had violated civil rights law by not doing enough to protect Jewish students from harassment.

    As part of a separate lawsuit, Lin in September ordered the National Institutes of Health and other agencies to restore suspended grants to UCLA. 

    UCLA and the UC system are just one of several prominent universities similarly targeted by the federal government. At least five institutions so far have signed deals with the Trump administration to resolve federal civil investigations. The agreements brokered by Columbia, Brown and Cornell universities require each to pay millions of dollars to the federal government, causes favored by the Trump administration or both.

    Harvard University, on the other hand, has fought back against the administration’s tactics. After repeated federal attacks, accompanied by unprecedented ultimatums, the university sued the administration and successfully had the government’s $2.2 billion funding freeze against it reversed. The Trump administration has previously stated its intent to appeal. 

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  • Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    Dive Brief:

    • The U.S. Treasury Department launched an online payment website for employers to pay President Donald Trump’s $100,000 fee on new H-1B visa petitions, according to an update last week from the U.S. Citizenship and Immigration Services.
    • USCIS said the fee applies to new H-1B petitions filed on or after Sept. 21 on behalf of beneficiaries who are outside the U.S. and do not have a valid H-1B visa, or whose petitions request consular notification, port of entry notification or pre-flight inspection. Payment must be made prior to filing a petition with USCIS, per the agency.
    • Separately, USCIS’ update clarified that the fee requirement does not apply to petitions requesting an amendment, change of status or extension of stay for noncitizens who are inside the U.S., if that request is granted by USCIS. If it is not granted, then the fee applies.

    Dive Insight:

    Trump’s proclamation announcing the H-1B fee left employers with plenty of unanswered questions. While Monday’s update provides some clarity, the policy’s future is still uncertain in part because business groups, employers, unions, lawmakers and other stakeholders oppose it.

    At least two lawsuits have been filed seeking to enjoin the fee proclamation — one by the U.S. Chamber of Commerce in Washington, D.C., and another by a group of plaintiffs in California. Both similarly alleged that the H-1B fee violates the constitutional separation of powers as well as the Administrative Procedure Act. The complaints also warned of negative effects on U.S. employers that depend on the H-1B program to attract skilled foreign workers.

    In a letter to Trump and Secretary of Commerce Howard Lutnick, a bipartisan group of congressional lawmakers agreed to the need for reform of the H-1B program while expressing concerns about the potential effects of the fee on U.S. employers’ ability to compete with their global counterparts for talent.

    “The recently announced H-1B visa changes will undermine the efforts of the very catalysts of our innovation economy — startups and small technology firms — that cannot absorb costs at the same level as larger firms,” the lawmakers wrote.

    Trump and the White House have said the fee is necessary to combat “systemic abuse” of the H-1B program by employers that seek to artificially suppress wages at the cost of reduced job opportunities for U.S. citizens. In addition to the fee imposed on new visa petitions, the administration issued a proposed rule to change its selection process for H-1B visas to be weighted in favor of higher-paying offers.

    USCIS’ guidance noted that the Secretary of Homeland Security may grant other exceptions to the H-1B fee in “extraordinarily rare” circumstances where:

    • A beneficiary’s presence is in the national interest.
    • No American worker is available to fill the role.
    • The beneficiary does not pose a threat to U.S. security or welfare.
    • Requiring payment from the employer would significantly undermine U.S. interests.

    The agency provided an email address to which employers could send requests for fee exemption along with supporting evidence.

    Employers planning to file for new H-1B visas should plan to pay the fee unless litigation results in some kind of change, Akshat Divatia, attorney at law firm Harris Sliwoski, wrote in an article Tuesday. Divatia noted that some of the criteria for exemptions outlined by USCIS may conflict with congressional design of the H-1B program, and that employers “should watch closely how the courts respond” to such arguments.

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  • 70% of Americans say feds shouldn’t control admissions, curriculum

    70% of Americans say feds shouldn’t control admissions, curriculum

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    Dive Brief: 

    • Most polled Americans, 70%, disagreed that the federal government should control “admissions, faculty hiring, and curriculum at U.S. colleges and universities to ensure they do not teach inappropriate material,” according to a survey released Wednesday by the Public Religion Research Institute. 
    • The majority of Americans across political parties — 84% of Democrats, 75% of independents and 58% of Republicans — disagreed with federal control over these elements of college operations. 
    • The poll’s results come as the Trump administration seeks to exert control over college workings, including in its recent offer of priority for federal research funding in exchange for making sweeping policy changes aligned with the government’s priorities. 

    Dive Insight: 

    The poll from the nonpartisan PRRI isn’t the first survey to suggest that large swaths of Americans disagree with the Trump administration’s approach to higher education policy. 

    Slightly more than half of Americans, 56%, said they disapproved of how President Donald Trump was handling higher education-related issues, a May poll from The Associated Press and NORC at the University of Chicago found. 

    However, the AP-NORC poll found a stark political divide, with 90% of Democrats disapproving of Trump’s approach and 83% of Republicans approving of it. 

    More specifically, 73% of Democrats said at the time that they disapproved of the withholding of colleges’ federal funds for not complying with the government’s political goals. Conversely, 51% of Republicans approved of that approach. 

    Another poll — this one of Jewish Americans conducted by Ipsos and researchers from the University of Rochester and the University of California —  found in September that 58% said they disagree with the Trump administration pausing or canceling vast sums of federal research funding to Harvard University and the University of California, Los Angeles.

    In both cases, the Trump administration has accused the universities of not doing enough to address antisemitism on campus and demanded sweeping policy changes. However, federal judges have largely blocked the government’s attempted suspension of their research funding. 

    In the Ipsos poll, 72% of Jewish Americans said they were concerned about antisemitism on college campuses. But the same share said they believed the Trump administration was “using antisemitism as an excuse to penalize and tax college campuses.” 

    The Trump administration has so far cut deals with four colleges: three Ivy League institutions and, most recently, the University of Virginia, the first public institution to strike such an agreement. 

    More deals could be coming down the pike. 

    Earlier this month, the Trump administration offered priority research funding to nine colleges if they signed a compact dictating certain policies impacting their tuition, admissions and academics. Those provisions spanned from adopting a five-year tuition freeze to potentially dissolving campus units that “purposefully punish” and “belittle” conservative ideas. 

    While most of the colleges rejected the compact, Trump appeared to open up the deal to any interested institution. Additionally, two of the initial nine colleges — the University of Texas at Austin and Vanderbilt University — haven’t yet said publicly if they will sign or reject the compact. 

    Vanderbilt Chancellor Daniel Diermeier said he would provide feedback on the compact, adding that he looked forward to “continuing the conversation,” according to The Vanderbilt Hustler

    Meanwhile, UT-Austin officials have been silent on the compact lately, though the chair of the UT System initially said it was “honored” its flagship received the proposal.

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  • Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    This audio is auto-generated. Please let us know if you have feedback.

    Dive Brief:

    • The U.S. Treasury Department launched an online payment website for employers to pay President Donald Trump’s $100,000 fee on new H-1B visa petitions, according to an update Monday from the U.S. Citizenship and Immigration Services.
    • USCIS said the fee applies to new H-1B petitions filed on or after Sept. 21 on behalf of beneficiaries who are outside the U.S. and do not have a valid H-1B visa, or whose petitions request consular notification, port of entry notification or pre-flight inspection. Payment must be made prior to filing a petition with USCIS, per the agency.
    • Separately, USCIS’ update clarified that the fee requirement does not apply to petitions requesting an amendment, change of status or extension of stay for noncitizens who are inside the U.S., if that request is granted by USCIS. If it is not granted, then the fee applies.

    Dive Insight:

    Trump’s proclamation announcing the H-1B fee left employers with plenty of unanswered questions. While Monday’s update provides some clarity, the policy’s future is still uncertain in part because business groups, employers, unions, lawmakers and other stakeholders oppose it.

    At least two lawsuits have been filed seeking to enjoin the fee proclamation — one by the U.S. Chamber of Commerce in Washington, D.C., and another by a group of plaintiffs in California. Both similarly alleged that the H-1B fee violates the constitutional separation of powers as well as the Administrative Procedure Act. The complaints also warned of negative effects on U.S. employers that depend on the H-1B program to attract skilled foreign workers.

    In a letter to Trump and Secretary of Commerce Howard Lutnick, a bipartisan group of congressional lawmakers agreed to the need for reform of the H-1B program while expressing concerns about the potential effects of the fee on U.S. employers’ ability to compete with their global counterparts for talent.

    “The recently announced H-1B visa changes will undermine the efforts of the very catalysts of our innovation economy — startups and small technology firms — that cannot absorb costs at the same level as larger firms,” the lawmakers wrote.

    Trump and the White House have said the fee is necessary to combat “systemic abuse” of the H-1B program by employers that seek to artificially suppress wages at the cost of reduced job opportunities for U.S. citizens. In addition to the fee imposed on new visa petitions, the administration issued a proposed rule to change its selection process for H-1B visas to be weighted in favor of higher-paying offers.

    USCIS’ guidance noted that the Secretary of Homeland Security may grant other exceptions to the H-1B fee in “extraordinarily rare” circumstances where:

    • A beneficiary’s presence is in the national interest.
    • No American worker is available to fill the role.
    • The beneficiary does not pose a threat to U.S. security or welfare.
    • Requiring payment from the employer would significantly undermine U.S. interests.

    The agency provided an email address to which employers could send requests for fee exemption along with supporting evidence.

    Employers planning to file for new H-1B visas should plan to pay the fee unless litigation results in some kind of change, Akshat Divatia, attorney at law firm Harris Sliwoski, wrote in an article Tuesday. Divatia noted that some of the criteria for exemptions outlined by USCIS may conflict with congressional design of the H-1B program, and that employers “should watch closely how the courts respond” to such arguments.

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  • Feds Press CPS to End Black Student Initiative, Transgender Student Guidelines – The 74

    Feds Press CPS to End Black Student Initiative, Transgender Student Guidelines – The 74


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    The Trump administration says it will withhold some federal funding from Chicago Public Schools over an initiative to improve outcomes for Black students and guidelines allowing transgender students to play sports and use facilities based on the gender with which they identify.

    Craig Trainor, the acting assistant secretary of civil rights in the U.S. Department of Education, wrote the district Tuesday saying his office has found CPS violated anti-discrimination laws and will lose grant dollars through the Magnet School Assistance Program. The district, with a budget of roughly $10.2 billion, has a five-year, $15 million Magnet Schools Assistance Program grant it received last year.

    The feds are demanding that the district abolish the Black Student Success Plan it unveiled in February and issue a statement saying it will require students to compete in sports or use locker rooms and bathroom facilities based on their biological sex at birth, among other demands.

    However, Illinois law conflicts on both fronts, putting CPS in a difficult position. The state issued guidance in March that outlines compliance with the Illinois Human Rights Law, including that schools must allow transgender students access to facilities that correspond to their gender identity. Separately, an Illinois law passed in 2024 requires the Chicago school board to have a Black Student Achievement Committee and plan for serving Black students.

    Chicago Public Schools said Wednesday in an emailed statement that it “does not comment on ongoing investigations.” Previously, its leaders have said that the Black Students Success Plan is a priority to address longstanding academic and discipline disparities that Black students face. They have vowed to forge ahead with the five-year plan in defiance of the Trump administration’s crackdown on race-based initiatives.

    Chicago Mayor Brandon Johnson said earlier this year that he would take the Trump administration to court if it takes federal funding away from CPS because of the district’s diversity, equity, and inclusion efforts. His office also did not immediately respond to a request for comment.

    In response to a complaint from a Virginia-based conservative nonprofit earlier this year, the Education Department’s Office for Civil Rights opened an investigation into the Black Student Success Plan, which sets goals to double the number of male Black teachers, reduce Black student suspensions, and teach Black history in more classrooms. Trainor said in his department’s interpretation, the initiative runs afoul of a U.S. Supreme Court decision last year banning the consideration of race in college admissions by offering added support to Black students and teachers exclusively.

    “This is textbook racial discrimination, and no justification proffered by CPS can overcome the patent illegality of its racially exclusionary plan,” he wrote.

    The OCR also launched an investigation in March of CPS, the Illinois State Board of Education, and suburban Deerfield Public School District 109 to look into their policies on transgender students using facilities and participating in school sports. Trainor said Chicago’s Guidelines Regarding the Support of Transgender and Gender Nonconforming Students violate Title IX, the federal law that prohibits discrimination on the basis of sex in education.

    District officials told Chalkbeat recently that the members of a new school board Black Student Achievement Committee tasked with overseeing the plan’s rollout will be unveiled later this month.

    Stacy Davis Gates, the president of the Chicago Teachers Union, issued a statement decrying the federal move to withhold funds from CPS and saying the district will stay the course.

    “We will not back down,” she said in the statement. “We will not apologize. Our duty is to our students, and no amount of political bullying will shake our commitment to them.”

    Chalkbeat is a nonprofit news site covering educational change in public schools.


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  • UC Will “Dialogue” With Feds Over Civil Rights Investigation

    UC Will “Dialogue” With Feds Over Civil Rights Investigation

    Juliana Yamada/Los Angeles Times/Getty Images

    The University of California system announced Wednesday that it would negotiate with the federal government. The response comes a day after the Department of Justice’s deadline for the institution to express its interest in finding a “voluntary resolution agreement” to the agency’s investigation into antisemitism on the University of California, Los Angeles, campus. 

    On the line is—according to a UC estimate—$584 million in funding that at least three different federal agencies announced they were suspending in the week between the DOJ’s July 29 letter to system officials and its Aug. 5 deadline for them to respond.

    If the UC system comes to a resolution with the Trump administration, UCLA would become the first public university to openly make a deal with the federal government to restore grant funding. In the past month, Columbia and Brown Universities have agreed to collectively pay hundreds of millions of dollars to get their funding back.

    In the two-paragraph statement, UC system president James B. Milliken said, “Our immediate goal is to see the $584 million in suspended and at-risk federal funding restored to the university as soon as possible,” but he argued that the “cuts do nothing to address antisemitism.”

    “The extensive work that UCLA and the entire University of California have taken to combat antisemitism has apparently been ignored,” he said. “The announced cuts would be a death knell for innovative work that saves lives, grows our economy, and fortifies our national security. It is in our country’s best interest that funding be restored.”

    The DOJ’s July 29 letter to the system said its months-long investigations, which remain ongoing, have so far found that UCLA violated the equal protection clause of the 14th Amendment and Title VI of the Civil Rights Act of 1964 in its response to a protest encampment on its campus in the spring of 2024.

    In a press release about the letter, Attorney General Pam Bondi said, “DOJ will force UCLA to pay a heavy price for putting Jewish Americans at risk and continue our ongoing investigations into other campuses in the UC system.” The agency said in the letter that it is prepared to sue by Sept. 2 “unless there is reasonable certainty that we can reach an agreement.”

    But the Trump administration still hasn’t made clear what exactly it wants UCLA to do. Unlike with Columbia and Harvard, the federal government hasn’t listed its overarching demands. And the administration doesn’t appear to only be interested in addressing last year’s encampment at UCLA.

    In their own letters to UCLA last week, the National Science Foundation and the Energy Department announced funding suspensions, citing UCLA’s failure “to promote a research environment free of antisemitism and bias” and saying it “endangers women by allowing men in women’s sports and private women-only spaces.” Both agencies also accused UCLA of considering race in admissions.

    The Health and Human Services agency, which includes the National Institutes of Health, didn’t provide Inside Higher Ed with NIH’s grant suspension letter, and an HHS spokesperson declined to comment Wednesday. A DOJ spokesperson also declined to comment, and the White House didn’t respond to a request for comment. UC system spokespeople didn’t provide interviews or answer written questions.

    UCLA chancellor Julio Frenk said in a separate statement that the institution is doing everything it can “to protect the interests of faculty, students and staff—and to defend our values and principles.”

    “We will continue to hold town halls, convene office hours and share information with you, particularly those who are in the most directly affected areas,” Frenk told his employees. “This includes departments that rely on funding from the National Science Foundation, National Institutes of Health and Department of Energy.”

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  • ‘Make Sure They Speak English’ is Fed’s Only Responsibility to U.S. Kids – The 74

    ‘Make Sure They Speak English’ is Fed’s Only Responsibility to U.S. Kids – The 74


    Speaking to reporters on Tuesday, President Donald Trump said ‘little tiny bit of supervision’ is all that’s needed for education.



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