The U.S. Department of Justice is escalating legal pressure on higher education by challenging policies tied to eligibility for institutional benefits and access to campus “intimate spaces.” In Minnesota, DOJ appealed a federal decision that allowed the state to continue in-state tuition and scholarship benefits for certain undocumented students, arguing the program improperly extends benefits not available to all citizens. Separately, the Department of Education launched a Title IX investigation into Smith College over its longstanding approach to admissions and access for transgender students, framing the issue as whether the school effectively admitted “biological males” into women-only spaces. Civil-rights experts said the investigation is based on a flawed interpretation of Title IX. Collectively, the actions heighten compliance risk for colleges and universities administering admissions, single-sex housing and program access, and residency-based pricing or aid. Institutions may face tighter timelines for legal review and policy adjustments while the cases move through appeals and ongoing investigations.
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