President Donald Trump’s latest executive order seeks to water down diversity, equity and inclusion (DEI) practices in federally funded higher-education institutions in an effort to restore “merit-based opportunity,” according to the White House.
During his first two days in office, Trump issued a slew of executive orders, including ordering that all federal agencies close their DEI offices by Wednesday and put employees in those units on paid leave. To further his effort to deter DEI, the president is launching a federal review of such teachings and practices in educational institutions receiving federal funding.
“Institutions of higher education have adopted and actively use dangerous, demeaning, and immoral race and sex-based preferences under the guise of so-called ‘diversity, equity, and inclusion,’” reads the White House order, published on Tuesday.
The order requires that the attorney general and secretary of education identify potential civil compliance investigations among institutions of higher education with endowments over $1 billion dollars and, accordingly, develop action plans to “deter DEI programs or principles that constitute illegal discrimination or preferences.”
Within 120 days, the AG and the secretary of education will issue guidance to state and local educational institutions that receive federal funds or grants or that participate in the student loan program. The focus will be on ensuring compliance with the Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, a landmark case that held that race-based admissions practices violate the Fourteenth Amendment.
“Illegal DEI and DEIA policies not only violate the text and spirit of our longstanding Federal civil-rights laws, they also undermine our national unity, as they deny, discredit, and undermine the traditional American values of hard work, excellence, and individual achievement in favor of an unlawful, corrosive, and pernicious identity-based spoils system,” the memo reads.
The executive order noted that it will not prevent educational institutions or agencies from engaging in “First Amendment-protected” speech.
WHITE HOUSE OPM ORDERS ALL DEI OFFICES TO BEGIN CLOSING BY END OF DAY WEDNESDAY
Rep. Tim Walberg, R-Mich., who chairs the House Education and the Workforce Committee, applauded Trump for pushing back against the controversial practice.
“For too long, social justice warriors crusaded to mandate DEI in every corner of America. Instead of merit, skills and ability, DEI devotees pushed policies that are antithetical to American exceptionalism,” Walberg said. “From the classroom to the boardroom, Americans have felt the negative effects. DEI has bloated education budgets while telling students what to think instead of how to think.”
Jonathan Turley, a Fox News contributor and the Shapiro Professor of Public Interest Law at George Washington University, suggested in an analysis of the executive order that it “will send a shock wave through higher education and the resulting agency actions are likely to trigger a tsunami of lawsuits.”
Meanwhile, one education expert suggested that universities could begin to pre-comply with new DEI measures.
“It seems very plausible that higher-education institutions will pre-comply, even before the Department of Education or the National Science Foundation writes it into specific projects,” Eboo Patel, founder and president of Interfaith America, told the Chronicle of Higher Education. “Universities will adopt the spirit of the executive order.”
Nearly 10 states, including one with a Democrat governor, have already either banned or prohibited the use of DEI initiatives in public colleges and universities.