CONCORD, NH – A federal judge on Thursday blocked Trump administration directives that threatened to cut federal funding for public schools with diversity, equity and inclusion programs.
The ruling came in a lawsuit brought by the National Education Association and the American Civil Liberties Union, which accused the Republican administration of violating teachers’ due process and First Amendment rights.
In February, the U.S. Education Department told schools and colleges they needed to end any practice that differentiates people based on their race. Earlier this month, the department ordered states to gather signatures from local school systems certifying compliance with civil rights laws, including the rejection of what the federal government calls “illegal DEI practices.”
The directives do not carry the force of law but threaten to use civil rights enforcement to rid schools of DEI practices. Schools were warned that continuing such practices “in violation of federal law” could lead to U.S. Justice Department litigation and a termination of federal grants and contracts.
The lawsuit argued that the orders were “unconstitutionally vague,” an issue underscored in the ruling from U.S. District Court Judge Landya McCafferty.
She said the April letter does not make clear what the department believes a DEI program entails or when it believes such programs cross the line into violating civil rights law. “The Letter does not even define what a ‘DEI program’ is,” McCafferty wrote.
The judge also said there is reason to believe the department’s actions amount to a violation of teachers’ free speech rights.
“A professor runs afoul of the 2025 Letter if she expresses the view in her teaching that structural racism exists in America, but does not do so if she denies structural racism’s existence. That is textbook viewpoint discrimination,” McCafferty wrote.
States were given until the end of Thursday to submit certification of their schools’ compliance, but some have indicated they would not comply with the order. Education officials in some Democratic-led states have said the administration is overstepping its authority and that there is nothing illegal about DEI.
The lawsuit filed in March argues the Feb. 14 memo, formally known as a “Dear Colleague” letter, would limit academic freedom by dictating what students can be taught.
The memo said schools have promoted DEI efforts at the expense of white and Asian American students. It dramatically expands the interpretation of a 2023 Supreme Court decision barring the use of race in college admissions to all aspects of education, including, hiring, promotion, scholarships, housing, graduation ceremonies and campus life.
The memo faces another challenge from the American Federation of Teachers and the American Sociological Association, which has asked a federal court in Maryland to stop the department from enforcing it.
Both lawsuits argue that the guidance is so vague that it leaves schools and educators in limbo about what they may do, such as whether voluntary student groups for minority students are still allowed.
