The US Department of Justice will no longer defend the Higher Education Act (HEA) program for Hispanic-serving institutions (HSIs), citing that the way these colleges are currently defined is unconstitutional. The suit, filed by Students for Fair Admissions and Tennessee, challenges the requirement that a college or university must have at least 25% Hispanic students to qualify for funding.
The DOJ wrote to House Speaker Mike Johnson that the program’s provisions violate the equal-protection component of the Fifth Amendment. This decision comes after the Supreme Court banned affirmative action in student admissions in 2023.
Although the executive branch has dropped its defense, the lawsuit is not over yet. The Hispanic Association of Colleges and Universities has moved to intervene, asking a US District Court judge to add their group as a defendant. The Education Department and Secretary Linda McMahon remain defendants.
HSI funding supports institutions with high concentrations of low-income students, including those from underrepresented groups. Deborah Santiago, CEO of Excelencia in Education, notes that the program doesn’t require any funds be allocated specifically for Hispanic students. Instead, it prioritizes investments in institutions serving a high number of low-income and first-generation students.
The Department of Education announced plans to award over $350 million in grants this fiscal year, despite the lawsuit’s uncertainty.
Source: https://www.insidehighered.com/news/institutions/minority-serving-institutions/2025/08/22/doj-deems-definition-hsis