Tag: Trump

  • A letter to NEH on compliance with Trump orders (opinion)

    A letter to NEH on compliance with Trump orders (opinion)

    On Feb. 11, the National Endowment for the Humanities announced on its website that it had modified its funding criteria for eligible humanities projects in compliance with three recent executive orders. According to the announcement, “NEH awards may not be used for the following purposes:

    • promotion of gender ideology;
    • promotion of discriminatory equity ideology;
    • support for diversity, equity, and inclusion (DEI) or diversity, equity, inclusion, and accessibility (DEIA) initiatives or activities; or
    • environmental justice initiatives or activities.”

    These prohibitions impose the terminology of Executive Orders 14151, 14168 and 14190 onto future applicants for NEH funding, whether individual scholars, museums, nonprofit organizations or colleges (including historically Black colleges and universities and tribal colleges). Published well within the stipulated 60-day window for government agency compliance with the order to terminate all “equity-related” initiatives, grants or contracts, these prohibitions represent a swift implementation of the Trump administration’s point-by-point mandate for “Ending Radical Indoctrination.”

    I can only begin to conjecture here about what the consequences of the NEH’s new criteria might be for the humanities, the domain of cultural and intellectual inquiry the NEH was created to foster. To cite the National Foundation on the Arts and Humanities Act of 1965, “While no government can call a great artist or scholar into existence, it is necessary and appropriate for the Federal Government to help create and sustain not only a climate encouraging freedom of thought, imagination, and inquiry but also the material conditions facilitating the release of this creative talent.”

    To uphold conditions defined by prohibition rather than freedom—and with prohibitions explicitly targeting the right to existence of queer and transgender people (“gender ideology”), the ability in any way to offset egregious structural inequalities in educational and cultural access (“DEI”), and even the very right to advocate on behalf of anyone’s rights (“discriminatory equity ideology”)—is to betray the very terms under which the NEH was created. In revising its Notice of Funding Opportunities, the NEH is in violation of its public mission.

    Presumably, as a government agency perpetually under threat of budget cuts, the NEH hastened to implement Trump’s executive orders in order to fend off wholesale elimination. The NEH is a federal agency and is thus directly implicated in the executive orders, provided those orders are constitutional. By complying with Trump’s ideology, the National Endowment may perhaps live to see another day, thereby preserving the careers of at least some of its approximately 185 employees and its ability—to do what?

    The NEH has not yet fully overhauled its website to reflect its compliance. Of its current listings of Great Projects Past and Present, perhaps “The Papers of George Washington,” “Journals of the Lewis and Clark Expedition,” and “The Real Buffalo Bill” might manage to squeeze through under the new stipulations, but would the Created Equal documentary film project be so lucky? Would a biography of union organizer César Chavez manage to qualify as a fundable project, or a documentary about “A Black Surgeon in the Age of Jim Crow”? How about the Transatlantic Slave Trade Database? The NEH has leveraged its own institutional survival on the forfeit of future such projects.

    The problem is a far deeper one, however. In what universe should it be too much to ask that a state-sponsored institution created to uphold the “material conditions” for freedom of thought, imagination and inquiry put up even the slightest resistance to the inhumane, reactionary and repressive edicts issued by the Trump regime? Even today, the NEH website champions its past support for projects that uphold justice in the face of oppression, that resist totalitarian erasure. Yet the NEH itself has mustered no such resistance. Instead, it has announced that any such projects are now ineligible for consideration.

    Of one thing I am certain: The National Endowment for the Humanities has forfeited its claim to the word “humanities.” The humanities do not designate a prohibitive sphere of capitulation to ruling forces. The humanities are not furthered by a governmental agency that serves, willingly or unwillingly, as an ideological extension of a political party. The humanities are a domain of inquiry, of questioning and investigation, not of unquestioning acquiescence.

    As a literature professor and an educator in the humanities for more than a quarter century, I have assured my students that the study of cultural, artistic and intellectual production is continuous with its practice. This not only means that humanistic inquiry involves creativity, creation and a commitment to thinking freely, but it also means that humanistic inquiry necessarily upholds the same responsibility to questions of ethics, value and meaning with which any other historical action must reckon. Humanists cannot, and do not, stand meekly aside while the “real” agents of historical change make big decisions.

    In posting a recent message to the frequently asked questions web form on the NEH website, I wrote that in light of the NEH’s silent capitulation to Trump’s executive orders, I was ashamed to call myself a humanist. I hereby recant that statement. I am not ashamed to call myself a humanist. It is the National Endowment for the Humanities that should be ashamed. Or, better yet, I call on the NEH and all its 185 employees, including and especially NEH chair Shelly C. Lowe, to recant their compliance with Executive Orders 14151, 14168 and 14190 and join other national and international agencies, organizations and individuals in resisting the inhumane and unconstitutional decrees of the Trump administration.

    Jonathan P. Eburne is a professor of comparative literature, English and French and Francophone studies at Pennsylvania State University and director of undergraduate studies in comparative literature.

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  • Trump tells agencies to plan for mass layoffs

    Trump tells agencies to plan for mass layoffs

    The Trump administration on Wednesday ordered federal agencies to start preparing for “large-scale reductions in force,” the latest step in a broader effort to dramatically reduce the federal workforce.

    The memo from the Office of Management and Budget and Office of Personnel Management applies to all federal departments, and the Department of Education could face heavy cuts as a result of Trump’s promise to “sweepingly reform” what he calls a “bloated, corrupt federal bureaucracy.” 

    The president has repeatedly talked about shutting down the Education Department, and this memo’s orders could give him an opportunity to diminish the agency. Specifically, the OMB document tells agency heads to eliminate all “non-statutorily mandated functions”—an action proponents of abolishing the department have supported.

    The OMB memo cites an executive order, “Implementing The President’s ‘Department of Government Efficiency’ Workforce Optimization Initiative,” that was signed Feb. 11 as justification and directed agencies to submit a reorganization plan by March 13.

    “Pursuant to the President’s direction, agencies should focus on the maximum elimination of functions that are not statutorily mandated while driving the highest-quality, most efficient delivery of their statutorily-required functions,” wrote OMB director Russell Vought and Charles Ezell, the acting director of the Office of Personnel Management. “Agencies should also … implement technological solutions that automate routine tasks while enabling staff to focus on higher-value activities … and maximally reduce the use of outside consultants and contractors.”

    The memo notes that reduction should not impact positions necessary to meet border security, national security or public safety responsibilities, nor should it affect agencies or services that are directly provided to citizens “such as Social Security, Medicare, and veterans’ health care.”

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  • Teachers’ union sues to block Trump admin’s DEI guidance

    Teachers’ union sues to block Trump admin’s DEI guidance

    Pete Kiehart/The Washington Post/Getty Images

    A coalition of educators and sociologists is challenging the Department of Education and its unprecedented Dear Colleague letter—which declared all race-conscious student programming illegal—in a lawsuit filed late Tuesday evening.

    The American Federation of Teachers and the American Sociological Association argue in the complaint, which was submitted to a Maryland federal court, that following the letter’s dictates “will do a disservice to students and ultimately the nation by weakening schools as portals to opportunity.”

    “This vague and clearly unconstitutional memo is a grave attack on students, our profession and knowledge itself … It would hamper efforts to extend access to education, and dash the promise of equal opportunity for all, a central tenet of the United States since its founding,” AFT president Randi Weingarten said in a statement. “It would upend campus life.”

    The expected legal challenge came just three days before a Feb. 28 compliance deadline. The four-page guidance document says that colleges and universities must rescind any race-based policies, activities and resources by the end of the day or risk investigation and the loss of federal funding.

    The department justifies its demands through a new interpretation of the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard, which banned the consideration of race in college admissions. Although the Supreme Court’s decision applied specifically to admissions, the Trump administration believes it extends to all race-conscious activities.

    On Friday, a judge from the same federal court in Maryland issued a temporary injunction in a separate lawsuit that blocked parts of President Trump’s antidiversity executive orders.

    But higher education legal experts say that the Dear Colleague letter and the executive orders, though similar, are independent levers, so the injunction doesn’t affect the department’s guidance. The Education Department has also said it is still moving forward with its interpretation of the law and the deadline stands.

    So now all eyes are on this most recent court case, as higher education leaders wait to see if the judge will issue a second injunction and block the guidance.

    “The Department of Education’s new policy, reflected in the February ‘Dear Colleague’ letter, seeks to undermine our nation’s educational institutions and is an unlawful attempt to impose this administration’s particular views,” said Skye Perryman, president of Democracy Forward, the legal group representing the plaintiffs. “We will continue to pursue every legal opportunity to oppose and stop harmful attacks on freedom of expression and on the values like inclusion, diversity and belonging that make us all and our nation stronger.”

    In the meantime, higher education advocacy groups are urging colleges and universities to stay calm and not overreact to the Dear Colleague letter.

    On Tuesday the American Council on Education sent a letter to Craig Trainor, the acting assistant secretary of civil rights, requesting that he “rescind the DCL” and work with higher education institutions to ensure a clearer understanding of the letter before setting a new compliance deadline.

    “Over the last two years, our colleges and universities have worked hard to assess and modify, as appropriate, policies and practices in light of the decision in the SFFA case and applicable civil rights laws,” ACE president Ted Mitchell wrote. “It is unreasonable for the department to require institutions to appropriately respond to this extremely broad reinterpretation of federal law in a mere two weeks and in the absence of necessary guidance.”

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  • College presidents stay mostly silent on Trump

    College presidents stay mostly silent on Trump

    In his first month, President Donald Trump has upended federal research funding and taken aim at race-conscious programs amid a flurry of executive orders and other actions.

    While some higher ed associations and universities have responded with lawsuits, college presidents, for the most part, have watched in relative silence. Some have released statements on changes to their institutions’ federal funding or diversity, equity and inclusion initiatives, but those announcements have mostly been vague, with little mention of the political forces driving the changes. Few college leaders have publicly criticized the president’s efforts to overhaul the sector to match his vision.

    The muted or mostly nonexistent response comes as campuses have increasingly grappled with how to navigate political events since last spring’s pro-Palestinian protests, when students demanded their leaders speak up about the war between Israel and Hamas. That seems to have quelled interest in taking institutional positions. Any pushback college leaders voiced during Trump’s first term has been largely replaced by silence.

    The Presidents Speaking Up

    Still, there have been some notable exceptions to the trend.

    Michael Roth at Wesleyan University and Patricia McGuire at Trinity Washington University—two notoriously outspoken presidents—are among those who have voiced alarm about Trump’s attacks on the sector.

    Roth has written op-eds calling on his fellow college presidents to “weigh in when they see the missions of their institutions” and the health of their campus communities “compromised.” He also shared his thoughts on speaking up at the American Council on Education conference last week, noting that he tries “not to speak about the president directly” but rather the need to stand up for institutional values when they are threatened by external forces, such as Trump.

    McGuire remains an outspoken presence on social media and in interviews.

    Other leaders have spoken forcefully to their constituents about Trump’s interference.

    Following a recent and widely panned Dear Colleague letter that declared race-conscious programming, resources and financial aid illegal, Case Western Reserve University president Eric Kaler wrote in a message to campus that “this expansion to include all aspects of campus life appears to be a gross overreach of the Supreme Court decision and may be challenged in the legal system.” He added that the university “will remain firmly committed to our core values.”

    Some presidents at minority-serving institutions have added their voices to the mix.

    David Thomas, president of Morehouse College, a historically Black institution, told CNBC last month that Trump’s attempted freeze on federal funding represents an “existential threat.” He also called out an executive order targeting diversity, equity and inclusion, telling MSNBC that “we must be a point of resistance to that effort to essentially teach untruths.”

    Thomas, who is retiring in June, suggested a second Jim Crow era was coming, which he called “a reaction to the progress of people of color and others who have been disenfranchised.”

    Presidential Silence

    But as most presidents have remained silent, some critics have blamed institutional neutrality, the concept that universities should refrain from making statements on social or political issues. The movement seemed to boom last year as pro-Palestinian protests spread nationally and students often called on presidents to make public statements.

    Roth, speaking at ACE, cast institutional neutrality as “a vehicle for staying out of trouble.”

    The American Association of University Professors has also taken a critical view of institutional neutrality, writing in a lengthy statement earlier this month that it “conceals more than it reveals.”

    Joan Scott, professor emerita at the Institute for Advanced Study who was part of the AAUP group that crafted the statement on institutional neutrality, is also critical of presidential silence in the face of what she described as an attack by the Trump administration on higher education.

    “I think there is no question that the target is the university mission as we’ve known it, and that very few people are speaking up,” Scott said. “And in fact, I would say that institutional neutrality is being used as a kind of protective stance for those administrators who are not speaking up.”

    A frequent refrain from campus leaders who have adopted institutional neutrality is that they would speak up when the core institutional mission is threatened, which experts argue is happening. However, most presidents are not speaking up despite perceived threats to the core mission.

    Inside Higher Ed contacted 10 universities with institutional neutrality policies, all among the wealthiest in the nation, with multibillion-dollar endowments. Only Yale University provided a statement, though some others shared prior messages from their presidents to the campus communities regarding the federal funding freeze and Trump attacks on DEI. Of those messages, none directly connected their concerns to the Trump administration or said what was driving federal actions.

    “The university is working to understand the scope and implications of the recent [Dear Colleague] letter and remains committed to the mission, to the principles of free expression and academic excellence, and to supporting the community,” Yale spokesperson Karen Peart wrote by email. “President [Maurie] McInnis and Provost [Scott] Strobel sent a message to the Yale community that addresses recent developments from the federal government. President McInnis has also shared a message to the community about the university’s commitment to the research mission.”

    Yale did not answer specific questions sent by Inside Higher Ed.

    Scott believes presidents are conducting a balancing act—one she views as cowardly. She argues that many are more concerned about “short-term risks,” such as an increase to the endowment tax or the loss of federal funding, than “the long-term risk” that “higher education as we’ve known it disappears or is put on hold” through the remainder of Trump’s four-year term.

    “What we’re watching is a struggle on the part of university administrators to balance some commitment to the mission—the attacked mission of the university—and some anxiety about the funding that keeps the mission going, even as the mission is being undermined,” Scott said.

    Jeremy Young, director of state and higher education policy at PEN America, a free expression group, takes a more charitable view of college presidents remaining mum on Trump’s actions.

    Speaking up is fraught with risks, Young argues, ranging from punitive actions by the Trump administration to pushback from trustees. Instead, he thinks leaders should organize a unified sector response.

    “If you’re looking to individual presidents to face off against the power of the U.S. government, you’re looking in the wrong place,” Young said.

    He believes associations are leading the fight and urges them to collaborate more, arguing that organizations need to stick together to flex collective strength. That’s the only way “higher ed will be strong enough to be able to respond effectively,” he said.

    But just because presidents aren’t speaking up doesn’t mean they have to cower, he said.

    “I think the one thing that’s easy is that presidents shouldn’t overinterpret the law,” Young emphasized. “They shouldn’t comply in advance. You look at the Dear Colleague letter—it’s very clear in the letter that it does not have the force of law. There is an attempt here to scare presidents, and they should avoid being scared into doing things that aren’t required.”

    He stressed the importance of maintaining normalcy and core values on campus. One area where college presidents could improve is on their internal messaging, he said. As political pressures mount on higher ed, it’s vital that administrators communicate with constituents “to reassure them that they have their backs.”

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  • Following Trump EOs, Naval Academy prohibits class materials

    Following Trump EOs, Naval Academy prohibits class materials

    The U.S. Naval Academy’s provost told faculty last week not to use course readings “or other materials that promote” critical race theory, “gender ideology” and other topics targeted by the Trump administration, The Baltimore Banner reported.

    The institution pointed to Trump’s multiple executive orders, which include one specifically restricting the curricula of military academies.

    Provost Samara Firebaugh told faculty in the email to search materials for “diversity,” “minority” and other words and forbade them from using “materials that can be interpreted to assign blame to generalized groups for enduring social conditions, particularly discrimination or inequality,” the Banner reported. The Naval Academy confirmed the email to Inside Higher Ed but declined to provide a copy, saying it doesn’t share internal emails.

    “That was a leak,” a representative from the institution’s public affairs office said.

    In an email to Inside Higher Ed, the Naval Academy’s media relations arm said the provost’s message “provided more detailed guidance and clarity to ensure course materials and assignments are in alignment with all executive orders.” Commander Ashley Hockycko, public affairs officer at the Naval Academy, said the provost’s letter wasn’t meant to further restrict curriculum and coursework beyond the presidential executive orders—it’s just meant to provide “amplifying guidance and clarification.”

    A Jan. 27 executive order titled “Restoring America’s Fighting Force” said educational institutions operated or controlled by the Defense Department and military “are prohibited from promoting, advancing or otherwise inculcating the following un-American, divisive, discriminatory, radical, extremist and irrational theories.” It then went on to list “gender ideology,” “divisive concepts,” “race or sex stereotyping,” “race or sex scapegoating” and the idea “that America’s founding documents are racist or sexist.”

    On Jan. 29, Defense Secretary Pete Hegseth sent a memo saying, “No element within DoD will provide instruction on critical race theory, DEI or gender ideology as part of a curriculum or for purposes of workforce training“ and that military academies “shall teach that America and its founding documents remain the most powerful force for good in human history.”

    The U.S. Air Force Academy and the U.S. Military Academy at West Point didn’t respond to requests for comment Tuesday about whether they’ve released similar guidance.

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  • OCR halts investigations, switches focus to Trump priorities

    OCR halts investigations, switches focus to Trump priorities

    The U.S. Department of Education’s Office for Civil Rights has paused the majority of its investigations, according to a new report from ProPublica, and shifted focus to new cases related to gender-neutral bathrooms, trans women athletes and alleged antisemitism and discrimination against white students.

    Those cases, in contrast with most historically taken on by OCR, were not launched in response to student complaints, but rather as a result of direct orders from President Donald Trump’s administration. OCR employees told ProPublica that they have been instructed to cancel meetings related to cases opened prior to Trump taking office and to avoid communicating with students, families and institutions involved in those cases.

    One OCR employee who spoke to ProPublica under the condition of anonymity said many of the cases they have been asked to stop investigating are urgent.

    “Many of these students are in crisis,” the employee said. “They are counting on some kind of intervention to get that student back in school and graduate or get accommodations.”

    About 12,000 complaints were under investigation at the end of former president Joe Biden’s term, including 6,000 related to discrimination against students with disabilities, 3,200 related to racial discrimination and 1,000 related to sexual assault or harassment, ProPublica’s analysis of OCR data found.

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  • Trump admin threatens to rescind federal funds over DEI

    Trump admin threatens to rescind federal funds over DEI

    The Education Department’s Office for Civil Rights declared all race-conscious student programming, resources and financial aid illegal over the weekend and threatened to investigate and rescind federal funding for any institution that does not comply within 14 days.

    In a Dear Colleague letter published late Friday night, acting assistant secretary for civil rights Craig Trainor outlined a sweeping interpretation of the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard, which struck down affirmative action. While the decision applied specifically to admissions, the Trump administration believes it extends to all race-conscious spending, activities and programming at colleges.

    “In recent years, American educational institutions have discriminated against students on the basis of race, including white and Asian students,” Trainor wrote. “These institutions’ embrace of pervasive and repugnant race-based preferences and other forms of racial discrimination have emanated throughout every facet of academia.”

    The letter mentions a wide range of university programs and policies that could be subject to an OCR investigation, including “hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”

    “Put simply, educational institutions may neither separate or segregate students based on race, nor distribute benefits or burdens based on race,” Trainor writes.

    Backlash to the letter came swiftly on Saturday from Democratic lawmakers, student advocates and academic freedom organizations.

    “This threat to rip away the federal funding our public K-12 schools and colleges receive flies in the face of the law,” Senator Patty Murray, Democrat of Washington, wrote in a statement Saturday. “While it’s anyone’s guess what falls under the Trump administration’s definition of ‘DEI,’ there is simply no authority or basis for Trump to impose such a mandate.”

    But most college leaders have, so far, remained silent.

    Brian Rosenberg, the former president of Macalester College and now a visiting professor of education at the Harvard Graduate School of Education, wrote in an email to Inside Higher Ed that the letter was “truly dystopian” and, if enforced, would upend decades of established programs and initiatives to improve success and access for marginalized students.

    “It goes well beyond the Supreme Court ruling on admissions and declares illegal a wide range of common practices,” he wrote. “In my career I’ve never seen language of this kind from any government agency in the United States.”

    The Dear Colleague letter also seeks to close multiple exceptions and potential gaps left open by the Supreme Court ruling on affirmative action and to lay the groundwork for investigating programs that “may appear neutral on their face” but that “a closer look reveals … are, in fact, motivated by racial considerations.”

    Chief Justice John Roberts wrote that colleges could legally consider a student’s racial identity as part of their experience as described in personal essays, but the OCR letter rejects that.

    “A school may not use students’ personal essays, writing samples, participation in extracurriculars, or other cues as a means of determining or predicting a student’s race and favoring or disfavoring such students,” Trainor wrote.

    Going even further beyond the scope of the SFFA decision, the letter forbids any race-neutral university policy that could conceivably be a proxy for racial consideration, including eliminating standardized test score requirements.

    It also addresses university-sanctioned programming and curricula that “teach students that certain racial groups bear unique moral burdens that others do not,” a practice that Trainor argues can “deny students the ability to participate fully in the life of a school.”

    The department will provide “additional legal guidance” for institutions in the coming days.

    That wide-reaching interpretation of the SFFA decision has been the subject of vigorous debate among lawmakers and college leaders, and in subsequent court battles ever since the ruling was handed down. Many experts assumed the full consequences of the vague ruling would be hammered out through further litigation, but with the Dear Colleague letter, the Trump administration is attempting to enforce its own reading of the law through the executive branch.

    Even Edward Blum, the president of Students for Fair Admissions, doesn’t believe the ruling on his case applies outside of admissions.

    “The SFFA opinion didn’t change the law for those policies [in internships and scholarships],” he told Inside Higher Ed a few days before the OCR letter was published. “But those policies have always been, in my opinion, outside of the scope of our civil rights law and actionable in court.”

    What Comes Next

    The department has never revoked a college or state higher education agency’s federal funding over Title VI violations. If the OCR follows through on its promises, it would be an unprecedented exercise of federal influence over university activities.

    The letter is likely to be challenged in court, but in the meantime it could have a ripple effect on colleges’ willingness to continue funding diversity programs and resources for underrepresented students.

    Adam Harris, a senior fellow at the left-leaning think tank New America, is looking at how colleges responded to DEI and affirmative action orders in red states like Florida, Missouri, Ohio and Texas for clues as to how higher education institutions nationwide might react to the letter.

    In Texas, colleges first renamed centers for marginalized students, then shuttered them after the state ordered it was not enough to comply with an anti-DEI law; they also froze or revised all race-based scholarships. In Missouri, after the attorney general issued an order saying the SFFA decision should apply to scholarships as well as admissions, the state university system systematically eliminated its race-conscious scholarships and cut ties with outside endowments that refused to change their eligibility requirements.

    “We’ve already seen the ways institutions have acquiesced to demands in ways that even go past what they’ve been told to do by the courts,” Harris said.

    The letter portrays the rise of DEI initiatives and race-conscious programming on college campuses as a modern civil rights crisis. Trainor compared the establishment of dormitories, facilities, cultural centers and even university-sanctioned graduation and matriculation ceremonies that are advertised as being exclusively or primarily for students of specific racial backgrounds to Jim Crow–era segregation.

    “In a shameful echo of a darker period in this country’s history, many American schools and universities even encourage segregation by race at graduation ceremonies and in dormitories and other facilities,” Trainor wrote.

    Harris, who studies the history of racial discrimination on college campuses, said he finds that statement deeply ironic and worrying.

    “A lot of these diversity programs and multicultural centers on campuses were founded as retention tools to help students who had been shut out of higher education in some of these institutions for centuries,” Harris said. “To penalize institutions for taking those steps to help students, that is actually very much an echo of the segregation era.”

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  • Denver Public Schools sues over Trump policy allowing on-campus ICE raids

    Denver Public Schools sues over Trump policy allowing on-campus ICE raids

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    Dive Brief:

    • Denver Public Schools has issued the latest salvo in the battle over the Trump administration’s controversial new policy allowing immigration raids on school grounds with a lawsuit filed Wednesday in federal court. 
    • In Denver Public Schools v. Noem — believed to be the first lawsuit against the policy from a school system — the district seeks to undo the Trump administration’s Jan. 21 decision to allow immigration enforcement actions at “sensitive” locations such as schools, places where children gather, medical facilities and places of worship.
    • In the interim, Denver Public Schools is asking for a temporary restraining order to prohibit U.S. Immigration and Customs Enforcement and Customs and Border Protection enforcement of the policy.

    Dive Insight:

    The new Trump policy lifted the practice of avoiding immigration enforcement activities at places where students gather. Versions of the protected areas guidance have been in place for more than 30 years, according to the Denver system’s 25-page lawsuit, which was filed in the U.S. District Court for the District of Colorado.

    According to the lawsuit, school attendance has dropped “noticeably” across all schools in the Denver district — and particularly in schools with “new-to-country families and where ICE raids have already occurred” — since announcement of the new policy.

    The suit alleges that the policy is hurting the district’s ability to provide education and life services to children who aren’t attending school out of fear of immigration enforcement action. Colorado’s largest district, Denver Public Schools enrolls more than 90,000 students across 207 schools.

    In rescinding 2021 Biden administration language on the topic, the U.S. Department of Homeland Security said in a press release that the reversal would empower Customs and Border Patrol and Immigration and Customs Enforcement agents to enforce immigration laws and catch criminals who are in the country illegally.

    “Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” the statement read. “The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”

    In its lawsuit, however, Denver Public Schools alleges that the new policy “gives federal agents virtually unchecked authority to enforce immigration laws in formerly protected areas, including schools. As reported to the public, the sole restraint on agents is that they use their own subjective ‘common sense’ to determine whether to carry out enforcement activities at formally safeguarded locations such as schools.”

    The lawsuit further claims that the DHS directive has not been backed up with formal written guidance and seeks for such a policy to be made “available for public inspection.”

    In a Thursday statement to CBS News Colorado, Tricia McLaughlin, assistant secretary of public affairs at DHS, said officers “would need secondary supervisor approval before any action can be taken in locations such as a church or a school. We expect these to be extremely rare.”

    The Denver Public Schools lawsuit comes the same week as a challenge filed by 27 religious groups — including the Mennonite Church, Episcopal Church and Central Conference of American Rabbis — that accuses the new immigration policy of infringing upon their congregations’ religious freedoms. Another lawsuit filed in January and led by the Philadelphia Yearly Meeting of the Religious Society of Friends, a Quaker organization, also alleges the policy infringes upon religious freedoms.

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  • Trump administration rescinds Title IX guidance on athlete pay

    Trump administration rescinds Title IX guidance on athlete pay

    The Trump administration announced Wednesday it is rolling back guidance issued in the final days of the Biden administration that said payments to college athletes through revenue-sharing agreements or from name, image and likeness deals “must be made proportionately available to male and female athletes.”

    Republicans quickly criticized the guidance and called for its rescission, arguing that mandating equal pay between men and women’s sports could cause some colleges to cut athletics programs.

    Under Title IX, colleges must provide “substantially proportionate” financial assistance to male and female athletes, though it wasn’t clear until the Biden guidance whether that requirement applied to NIL deals or revenue-sharing agreements. A settlement reached in the House v. NCAA case would require colleges to share revenue with athletes starting in the 2025–26 academic year and provide back pay.

    The Trump administration said the guidance was “overly burdensome” and “profoundly unfair.”

    “Enacted over 50 years ago, Title IX says nothing about how revenue-generating athletics programs should allocate compensation among student athletes,” acting assistant secretary for civil rights Craig Trainor said in a statement. “The claim that Title IX forces schools and colleges to distribute student-athlete revenues proportionately based on gender equity considerations is sweeping and would require clear legal authority to support it.”

    A federal judge is set to sign off on the House settlement later this spring. Several athletes have objected to the plan, including some groups of women athletes who argue the revenue won’t be shared equitably and will primarily benefit men who play football and basketball.

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