U.S. Secretary of Education Linda McMahon recently addressed the Department of Justice’s opinion on racial quotas in educational funding. She agreed with the Office of Legal Counsel’s view that using race to decide eligibility for federal funding is unconstitutional. This stance reflects the Trump Administration’s aim to eliminate Diversity, Equity, and Inclusion (DEI) practices in government. McMahon emphasized the need for funding to prioritize merit and fairness.
The backdrop to this decision is significant. In 2025, the U.S. Solicitor General noted that programs supporting Hispanic-Serving Institutions (HSIs) violated the Fifth Amendment’s equal-protection clause. This was a response to legal actions by Students for Fair Admissions and the State of Tennessee. The Department of Education sought legal guidance on whether race-based eligibility for federal programs was valid following the Supreme Court’s ruling in the Harvard case.
On September 10, 2025, the Department announced plans to reallocate funds from programs that raised constitutional concerns, though $132 million in mandatory funding would still be allocated. The Department will not reclaim funds already provided to grantees.
The Office of Legal Counsel issued its opinion on December 2, 2025, analyzing whether the unconstitutional aspects of the MSI programs could be separated from the overall statutes. The Department is now assessing how this opinion impacts various programs, which include:
- Developing Hispanic Serving Institutions
- Native American Serving Non-Tribal Institutions
- Minority Science and Engineering Improvement Program
- Predominantly Black Institutions
- Alaskan Native and Native Hawaiian Serving Institutions
Recent surveys show a divided public opinion on the use of racial considerations in education funding. Many argue it is necessary for promoting equality, while others believe it undermines fairness. This debate continues to evolve, reflecting broader societal discussions about race and equity in America.
For more insights, you can read the full OLC opinion here.
