A new federal lawsuit in Maryland is challenging a Trump administration memo that gives schools and universities just two weeks to get rid of any “race-based” practices or risk losing their federal funding. Filed by the American Federation of Teachers and the American Sociological Association, the lawsuit claims the Education Department’s memo violates both the First and Fifth Amendments. They argue that forcing schools to teach only the federal government’s approved views is a violation of free speech and that the memo is so vague, schools don’t even know what is considered a violation.
The memo, which is officially called a “Dear Colleague Letter,” tells schools they must stop practices that treat people differently based on race by this Friday. The memo cites a Supreme Court ruling that banned the use of race in college admissions, arguing that this decision should apply more broadly to all areas of education that receive federal funding.
The Trump administration’s goal is to eliminate what the memo describes as discrimination in education, particularly against white and Asian American students. The memo takes the Supreme Court ruling and applies it not only to college admissions but also to hiring, financial aid, graduation ceremonies, and pretty much every part of campus life.
The lawsuit argues that the Education Department is taking the Supreme Court ruling too far and stepping outside its legal boundaries. One point of contention is the memo’s criticism of teaching about “systemic and structural racism.” The lawsuit points out that it’s unclear how schools could teach U.S. history properly—like covering slavery, the Missouri Compromise, the Emancipation Proclamation, or the forced relocation of Native American tribes—without violating the memo’s guidelines.
The department hasn’t responded to requests for comment, but Craig Trainor, acting assistant secretary for civil rights, said in the memo that diversity, equity, and inclusion efforts at schools have been “smuggling racial stereotypes and explicit race-consciousness” into everyday practices. However, he emphasized that discrimination based on race, color, or national origin is illegal under any circumstance.
The lawsuit also argues that the memo is so broad, it could end up banning things like voluntary student groups based on race, such as Black student unions or Irish-American heritage groups. Additionally, it could forbid college admissions practices that weren’t even part of the Supreme Court ruling, including efforts to recruit students of all races.
The lawsuit is asking the court to stop the Education Department from enforcing the memo and to strike it down entirely. The American Federation of Teachers and the American Sociological Association argue that their members—who teach and supervise student organizations—could be at risk of losing federal funding under these new rules.
