The Justice Department’s Office of Legal Counsel concluded that multiple U.S. Department of Education grant programs with race‑based eligibility criteria—those aimed at Hispanic‑serving, Native Hawaiian, Alaska Native and other minority‑serving institutions—are unconstitutional as written. The memo recommends repurposing funds or redesigning eligibility with race‑neutral criteria. - The legal opinion follows the Education Department’s own cancellations and rewrites of discretionary grants earlier in the year. Secretary Linda McMahon praised the DOJ memo as consistent with the administration’s stance against race‑conscious funding. - Colleges classified as MSIs and their advocates warned that sudden funding changes could disrupt workforce pipelines and research capacity; some programs may survive if restructured around need‑based or mission‑driven metrics rather than racial thresholds.
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