Executive Orders on Civil Rights
Ending Illegal Discrimination and Restoring Merit-based Opportunity
This executive order focuses on diversity, equity, and inclusion (DEI) initiatives and contains four main components:
- The order directs federal agencies to terminate “all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements.”
- The order instructs the Office of Federal Contract Compliance Programs to stop promoting diversity and states that all federal grants and contracts must require grantees and contractors to certify that they do not operate any DEI activities that “violate the Nation’s civil rights laws.” Such grants and contracts must also include a term requiring grantees and contractors to agree that their compliance with this condition is “material” for purposes of the False Claims Act (FCA).
- The order directs federal agencies to “encourage the private sector to end illegal discrimination and preferences, including DEI.” To that end, federal agencies are directed to propose, within 120 days, an enforcement plan to identify key sectors of concerns and establish a plan to deter DEI programs or principles, including a plan to identify up to nine potential civil compliance investigations of institutions of higher education with endowments over $1 billion.
- The order instructs the Attorney General and Secretary of Education to issue joint guidance on compliance with the Supreme Court’s affirmative action ruling in the Harvard case.
What does the order mean for colleges and universities? The full scope of the executive order is likely to remain unclear until federal agencies begin to issue guidance. For example, it is not clear how DEI will be defined or what types of activities will be deemed to “violate the Nation’s civil rights laws.” Nor is it clear what the Departments of Justice and Education will address when they issue guidance on the Harvard affirmative action decision. Although the Department of Education issued initial guidance on DEI programs’ compliance with federal civil rights law, the February 14 guidance does not appear to clarify these issues. Subsequent guidance issued on February 28, however, does appear to clarify that DEI programs are not automatically unlawful and provides more details on what types of activities are and are not permissible.
What is clear, however, is that some institutions of higher education with endowments over $1 billion will face investigations and lawsuits pertaining to their DEI efforts.
In addition, the provision requiring institutions to agree that their compliance with federal civil rights laws is a material condition of the grant or contract could expose private, nonprofit colleges or universities to broad liability and increased litigation under FCA. Under the statute, private individuals are empowered to file suit for violation of material grant or contract conditions, and such violations can result in treble damages plus penalties.
As a result, the materiality condition in the DEI order could provide a significant incentive for the public to file frivolous lawsuits against private, nonprofit institutions based on allegations that their DEI programs violate federal civil rights laws.
Legal Update (2/27/25). On February 21, a federal judge issued an injunction blocking the Trump Administration from enforcing certain provisions in its executive order on DEI. Specifically, the injunction prevented the Administration from implementing the termination, certification, and enforcement provisions of the order (described in items 1, 2, and 3 above). The ruling, however, did not apply to the DEI guidance issued by the Department of Education.
Legal Update (3/21/25). On March 14, the U.S. Court of Appeals for the Fourth Circuit issued a decision staying the injunction against the DEI executive order. As a result, implementation and enforcement of the order can proceed. Again, this ruling does not apply to DEI guidance issued by the Department.
Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
This executive order provides for the federal definition of “sex” for purposes of federal laws providing protections on the basis of sex. Specifically, the order defines the term “sex” to mean biological sex and excludes gender identity from the definition. Federal agencies are directed to apply the new definition when interpreting and enforcing federal laws, regulations, and guidance.
What does the order mean for colleges and universities? The order will have a significant effect on how the Department of Education interprets and enforces Title IX. The Department is expected to rescind Biden-era Title IX policies that provided protections for transgender students. The initial impact is likely to focus on blocking transgender female students’ ability to participate on female athletic teams or to access shared facilities such as locker rooms and restrooms.
Because the federal appellate courts are divided on whether Title IX encompasses gender identity discrimination, litigation on this issue is likely to continue until the Supreme Court rules definitively on the question. Notably, the order does not address sexual orientation discrimination, and it remains to be seen how the Trump Administration will apply Title IX to lesbian and gay students.
Keeping Men Out of Women's Sports
This executive order directs the Department of Education to “take all appropriate action to affirmatively protect all-female athletic opportunities and all-female locker rooms and thereby provide the equal opportunity guaranteed by Title IX.” To that end, the order requires the Department to align regulations and guidance with this policy and to prioritize Title IX enforcement efforts accordingly. Under the order, the Trump Administration also intends to work with athletics organizations and governing bodies to promote the policies outlined in the order.
What does the order mean for colleges and universities? Like the executive order on the federal definition of sex, this order significantly changes how Title IX will be implemented and enforced. The Department has already begun to pursue enforcement efforts against institutions that allow transgender female athletes to participate on women’s sports teams or to use shared facilities like locker rooms and bathrooms. Institutions that fail to comply with the new policy are at risk of losing federal education funding.
Additional Measures to Combat Anti-Semitism
This executive order is aimed at combating antisemitism on college campuses. The order contains two primary components:
- The order directs federal agencies to submit a report citing all civil and criminal authorities that can be used to address antisemitism and to provide a summary and analysis of any administrative complaints involving antisemitism on college campuses. In addition to meeting these requirements, the Attorney General’s report must include an inventory of court cases against institutions accused of antisemitism, while the Department of Education’s report must include an inventory of all the Title VI antisemitism complaints it has received and administrative actions it has taken.
- The order also directs all appropriate agencies to hold accountable perpetrators of antisemitic harassment and violence, including prosecuting individuals found to have violated the law and “removing” international students and faculty.
What does the order mean for colleges and universities? Federal agencies are likely to release a “list of shame” identifying colleges and universities that have been the subject of administrative complaints and lawsuits alleging antisemitism. In addition, international students and faculty studying and teaching in the U.S. may face the revocation of their visas and ability to remain in the U.S. if they violate the law.
Executive Orders on Immigration
Protecting the American People Against Invasion
This executive order emphasizes a general directive to federal agencies to enforce all current immigration laws. It also requires federal agencies to review contracts, grants, and agreements between the federal government and “non-governmental organizations supporting or providing services, either directly or indirectly, to removable or illegal aliens.”
What does the order mean for colleges and universities? The intent and purpose of the executive order is likely to remain unclear until federal agencies begin to issue guidance. This directive could impact institutions that enroll undocumented students or operate legal aid clinics. While the order could lead to immigration enforcement efforts, it could also lead to legislative efforts in Congress to rewrite immigration laws.
Immigration Enforcement at Sensitive Locations
This executive order rescinds guidance issued during the Biden Administration that identified schools, hospitals, health clinics and churches as “sensitive locations” and limited them from immigration enforcement actions. The Biden guidance was not legally enforceable but was intended to avoid disruption at locations providing necessary services to the public.
What does the order mean for colleges and universities? If Immigration and Customs Enforcement officials followed the guidance previously, they will no longer treat these “sensitive locations,” including college campuses, any differently from other locations.
Executive Orders Affecting International Students
Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats
This executive order enhances and tightens vetting for all visa applicants. The order also directs federal agencies involved in visa processing to ensure that applicants “do not bear hostile attitudes” toward U.S. institutions and that “admitted aliens…already present in the United States…do not advocate for, aid, or support designated foreign terrorists and other threats to our national security.”
What does the order mean for colleges and universities?
This order applies to all visa applicants, including F-1 and J-1 students and faculty and research staff in the U.S. with H1-B visas. Any increased vetting of student and faculty visa applications will lead to a slower approval process.
The State Department later announced that as part of this executive order, it will use AI to assist in reviewing tens of thousands of current student visa holders. Targeting the social media accounts of current international students studying in the U.S., this effort would “catch and revoke” the visas of anyone involved in pro-terrorist activities by targeting individuals involved in anti-Israel demonstrations or pro-Hamas activities or protests.
Additional impacts on international students and faculty will require federal agency guidance. It is unclear if visa applications will be capped or restricted based on country of origin. The language in the order on supporting designated foreign terrorist groups will likely impact international students and faculty involved in campus protests.
America First Policy Directive to the Secretary of State
This executive order orders the Department of State to align all policies and programs with an “America First” approach. Any foreign policies going forward should put the interests of the U.S. and U.S. citizens first.
What does the order mean for colleges and universities? The full scope of this executive order is likely to remain unclear until the State Department issues guidance. This order could have implications for State Department-funded international exchange and study abroad programs.
Other Executive Orders
Improving Education Outcomes by Empowering Parents, States, and Communities
This executive order focuses on closing the Department of Education by directing the Secretary of Education to take steps to the maximum extent appropriate and permitted by law to return authority over education to the states. The order ensures the continuation of services, programs, and benefits for individuals. It also requires any program or activity receiving federal funds to refrain from engaging in illegal discrimination under the banner of “diversity, equity and inclusion,” or gender ideology.
What does the order mean for colleges and universities? While not specified in the EO, Pell Grants and student loans have been publicly cited as examples of programs that will continue uninterrupted by any dismantling of the department, while other programs may be moved to other federal agencies. For example, federal student aid could move to the Treasury Department or the Small Business Administration and the activities of the Office for Civil Rights could move to the Justice Department. While the administration clearly acknowledges that Congress must pass legislation to fully close the Department of Education, the regulated entities are likely to face increased disruption and diminished assistance from the Department as a result of the order.
Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative
This executive order requires all federal agencies to review contracts, grants, and loans for waste, fraud, and abuse in order to ensure spending transparency and federal employee accountability. Agencies are required to prioritize reviewing funds disbursed to educational institutions and foreign entities. The funding to be reviewed includes discretionary spending provided through federal contracts, grants, loans, and related instruments. The following types of funding, however, are excluded from coverage under the order: direct assistance to individuals; expenditures related to immigration enforcement, law enforcement, the military, public safety, and the intelligence community; and other critical, acute, or emergency spending.
Agencies are required to create a centralized technological system to record payments along with a brief written justification for each payment by the employee who approved the payment.
What does the order mean for colleges and universities? The intent of the executive order is to reduce federal spending and shrink the size of the government. Colleges and universities receive billions of dollars in federal funds each year through the federal student aid programs, competitive grants, research funds, and many other programs throughout the government. The description of the grants covered seems to exempt federal student aid that goes directly to students, like Pell Grants, but it is unclear if Supplemental Educational Opportunity Grants and Federal Work-Study would be considered direct aid to individuals. Student loans would not be part of this review because that funding is an entitlement provided directly to the student, not annual discretionary funding.
Under the regular budget process, such a review of programs could lead to proposed program eliminations in the President’s budget request for FY 2026, which Congress could then accept or reject. With grants and contracts to institutions of higher education being a priority for review, such funding could be in jeopardy of being lost or frozen.
Restoring Public Service Loan Forgiveness
This executive order restricts eligibility for the Public Service Loan Forgiveness (PSLF) program. Organizations that have a “substantially illegal purpose,” as broadly defined by the executive order, may be excluded from participation in the program. The order defines such organizations as:
- Aiding or abetting violations of 8 U.S.C. 1325 or other Federal immigration laws;
- Supporting terrorism, including by facilitating funding to, or the operations of, cartels designated as Foreign Terrorist Organizations consistent with 8 U.S.C. 1189, or by engaging in violence for the purpose of obstructing or influencing Federal Government policy;
- child abuse, including the chemical and surgical castration or mutilation of children or the trafficking of children to so-called transgender sanctuary States for purposes of emancipation from their lawful parents, in violation of applicable law;
- Engaging in a pattern of aiding and abetting illegal discrimination; or
- Engaging in a pattern of violating State tort laws, including laws against trespassing, disorderly conduct, public nuisance, vandalism, and obstruction of highways.
What does the order mean for colleges and universities? This order appears to signal that PSLF will be brought into the broader political debate over some of the administration’s current hot-button social issues. Organizations that focus on immigration rights, climate change, free speech, civil disobedience advocacy, and those that utilize diversity, equity, and inclusion practices, could be targeted to have their eligibility for the program revoked.
It is unclear how these changes would impact currently certified PSLF enrollees or even if the changes are legal. Since the current regulations have gone through the formal negotiated rulemaking process, the Department of Education should also be required to go through the negotiated rulemaking process to issue new rules.
Keeping Education Accessible and Ending COVID-19 Vaccine Mandates in Schools
This executive order establishes a federal policy that discretionary federal funds should not be used to support an educational institution “that requires students to have received a COVID-19 vaccination to attend any in-person education program.” To effectuate the order, the Secretary of Education, in conjunction with the Secretary of Health and Human Services, must develop a plan to end vaccine mandates in schools. The plan must include a list of discretionary grants provided to institutions of higher education that have vaccine mandates and federal agencies’ process for halting funding to schools that do not comply with the order.
What does the order mean for colleges and universities? Institutions that continue to maintain mandatory COVID-19 vaccine policies are at risk of losing discretionary federal funds.