Key Takeaways

• The Justice Department under the Trump administration won’t defend the Hispanic-Serving Institution Program in court.
• Tennessee and an anti-affirmative action group sued over a 25 percent Hispanic enrollment rule.
• More than 500 colleges rely on the program, which got $350 million in 2024.
• A recent Supreme Court ruling against racial balancing shapes the legal fight.
• Trump’s decision may further erode his support among Hispanic voters.

Will the Hispanic-Serving Institution Program Survive?

The Justice Department has surprised many by saying it will not defend the Hispanic-Serving Institution Program. Under the Trump administration, officials called the decades-old program unconstitutional. Now a court fight looms, and the future of the grant program looks uncertain.

Why the Hispanic-Serving Institution Program Faces a Lawsuit

Tennessee filed a lawsuit against the U.S. Education Department this summer. The state argued that all its public universities serve Hispanic students. However, none reach the program’s required 25 percent Hispanic enrollment. As a result, Tennessee schools miss out on tens of millions in federal grants. An anti-affirmative action group joined the suit. They called the 25 percent rule an arbitrary ethnic threshold that discriminates against some students.

Students for Fair Admissions, the group behind the Harvard and UNC affirmative action cases, leads the challenge. In those cases, the Supreme Court barred outright racial balancing at most colleges. Tennessee and its allies now argue that the Hispanic-Serving Institution Program breaks the same rule.

What the Hispanic-Serving Institution Program Does and Who It Helps

Congress created the Hispanic-Serving Institution Program in 1998. Its goal was to close gaps in Hispanic college admissions and graduation rates. To qualify, a college must have at least 25 percent Hispanic undergraduates. Once approved, institutions compete for grants. In 2024, Congress set aside about $350 million for these awards.

Colleges use the funds for many purposes. They might improve campus buildings or buy lab equipment. They may also use the money to hire tutors or launch science programs. Overall, the grants aim to boost student success and support Hispanic learners.

More than 500 colleges and universities now hold Hispanic-Serving Institution status. Many small and rural campuses depend on the extra cash. Without those grants, programs for mentoring, tutoring, and advising could see steep cuts.

Supreme Court Ruling Drives the Debate

In 2023, the Supreme Court ruled against racial balancing at Harvard and UNC. The justices said colleges cannot set fixed quotas based only on race. Yet they left room for programs that focus on an applicant’s background or experience. This decision reshaped the rules for all diversity efforts in higher education.

Now, Tennessee and its allies say the Hispanic-Serving Institution Program is just another quota. They note the hard 25 percent rule selects colleges based strictly on ethnic makeup. Therefore, they claim it violates the ban on racial balancing. On the other side, supporters argue the program addresses real disparities. They say it helps schools with high Hispanic enrollment build capacity to support their students.

Political Fallout and Hispanic Voter Impact

The timing of this decision matters. Trump won strong Hispanic support in key states in 2020 and again in early 2024. However, recent polls show his backing among Hispanic voters slipping. Critics say moves like pulling support for the Hispanic-Serving Institution Program deepen mistrust.

Meanwhile, President Biden had vowed to boost funding for the program. He signed an executive order to seek more money. Shortly after taking office, Trump revoked that order. Now his DOJ refuses to defend the program itself in court. As a result, the debate over these grants has taken on a sharp political edge.

Looking Ahead: An Uncertain Future

With the Justice Department stepping aside, a federal judge will decide the program’s fate. If the court rules against it, colleges could lose access to millions in funding. Students may see fewer support services and fewer chances to succeed.

Conversely, a victory for the Hispanic-Serving Institution Program could reinforce the use of targeted grants in higher education. It might also inspire similar aid programs for other underrepresented groups. Either way, this legal battle will shape the future of diversity initiatives on campus.

In addition, the case will send a message to Hispanic voters. For many, this program represents tangible support for their communities. Thus, the outcome could sway opinions and votes in coming elections.

FAQs

What is the Hispanic-Serving Institution Program?

This program gives federal grants to colleges where at least 25 percent of undergraduates identify as Hispanic. It aims to close gaps in admissions and graduation rates.

Why did the Justice Department refuse to defend it?

The Trump administration’s Justice Department called the program unconstitutional. Officials said the hard 25 percent rule amounts to racial balancing.

Who benefits from these grants?

More than 500 colleges use the grants to improve facilities, hire tutors, and launch new academic programs. Hispanic students at those schools gain added support.

How could this case affect future diversity programs?

If courts strike down this program, other race-based or ethnicity-based aid efforts may face legal challenges. Alternatively, upholding it could encourage more targeted funding initiatives.