New federal memo signals elevated risk to colleges engaging in DEI activity

President Donald Trump signed a presidential memorandum on Thursday, subjecting colleges and universities to a higher level of scrutiny regarding admissions practices. The memo signals the administration’s resolve to sniff out, and snuff out, race- and sex-based considerations in admissions decisions, among other non-merit-based factors—a practice which the memo calls “unlawful,” “shameful,” and “dangerous.”

After the memo was released, U.S. Education Secretary Linda McMahon directed the National Center for Education Statistics to collect detailed admissions data, broken down by both race and sex. This includes not just who was admitted, but the entire pool of applicants. Schools now have to report academic metrics “for each race-and-sex pair,” so the government can see if race is still being used—openly or subtly—in admissions decisions.

The administration’s attack on diversity, equity, and inclusion (DEI) programs extends far beyond higher education. Any federally funded entity in government and the private sector must adhere to Trump’s executive orders demanding the elimination of DEI programs and initiatives. Recipients of government funding risk exposure to criminal prosecution under the False Claims Act if they maintain so-called “unlawful” DEI programs.