Judge Halts Trump Effort Requiring Colleges to Show They Aren’t Considering Race in Admissions
A federal judge has halted efforts by the Trump administration to collect data intended to show that higher education institutions are not considering race in admissions.
The ruling from U.S. District Court Judge F. Dennis Saylor IV in Boston on Friday grants a preliminary injunction following a lawsuit filed last month by a coalition of 17 Democratic state attorneys general.
The decision applies only to public universities in the states involved in the lawsuit.
Judge Cites Rushed Rollout of Policy
The judge said the federal government likely has the authority to collect the data, but found that the rollout was handled in a “rushed and chaotic” manner.
“The 120-day deadline imposed by the President led directly to the failure of NCES (National Center for Education Statistics) to engage meaningfully with the institutions during the notice-and-comment process to address the multitude of problems presented by the new requirements,” Saylor wrote.
Donald Trump ordered the data collection in August after raising concerns that colleges and universities were using personal statements and other indirect methods to consider race in admissions, which he has described as unlawful discrimination.
Legal Challenges Focus on Privacy and Timing
The policy comes after the Supreme Court’s 2023 decision that ended the use of affirmative action in college admissions, while still allowing schools to consider how race has shaped an applicant’s life if included in essays.
The states argue the data collection effort risks violating student privacy and could lead to unsupported investigations into colleges and universities. They also contend that schools were not given enough time to gather the required information.
“The data has been sought in such a hasty and irresponsible way that it will create problems for universities,” said Michelle Pascucci, a lawyer representing the plaintiffs, adding that the effort appeared aimed at uncovering unlawful practices.
Education Department Points to Transparency
The Education Department has defended the initiative, saying taxpayers deserve transparency on how federal funding is used at colleges and universities.
The administration has pointed to recent agreements with Brown University and Columbia University, which restored their federal research funding after the schools agreed to provide admissions data. That data includes race, grade-point averages and standardized test scores for applicants, admitted students and those who ultimately enrolled. The agreements also require audits and public reporting of admissions statistics.
The National Center for Education Statistics was tasked with collecting the new data, including information on race and sex for applicants, admitted students and enrollees.
Education Secretary Linda McMahon said the data must be broken down by race and sex and reported retroactively for the past seven years.
If colleges fail to submit complete and accurate data on time, the administration has said enforcement actions could be taken under Title IV of the Higher Education Act of 1965, which governs federal student financial aid.
Separate Legal Dispute with Harvard Continues
In a related matter, the Trump administration has filed a lawsuit against Harvard University, alleging the school refused to provide admissions records requested by the Justice Department to confirm compliance with the Supreme Court ruling.
Harvard has said it is cooperating with federal requests and remains in compliance with the law. On Monday, the Education Department’s Office for Civil Rights directed Harvard to comply with the data request within 20 days or face referral to the U.S. Justice Department.
