The Department of Education launched investigations Wednesday into whether five leading universities are violating federal anti-discrimination law by granting certain scholarships exclusively to undocumented students or those with Deferred Action for Childhood Arrivals status.
The five universities under investigation are the University of Louisville, the University of Miami, the University of Michigan, the University of Nebraska Omaha and Western Michigan University, according to the department’s Office for Civil Rights.
The five were accused in a complaint filed by the Legal Insurrection Foundation’s Equal Protection Project of violating Title IV of the Civil Rights Act of 1964, which prohibits discrimination in education based on race, color or national origin.
“Neither the Trump Administration’s America first policies nor the Civil Right Act of 1964’s prohibition on national origin discrimination permit universities to deny our fellow citizens the opportunity to compete for scholarships because they were born in the United States,” Acting Assistant Secretary for Civil Rights Craig Trainor said.
“As we mark President Trump’s historic six months back in the White House, we are expanding our enforcement efforts to protect American students and lawful residents from invidious national origin discrimination of the kind alleged here,” Mr. Trainor said.
The scholarships cited in the complaint include the University of Louisville’s Sagar Patagundi Scholarship, which seeks to subsidize education costs “for undergraduate DACA and undocumented students.”
Several of the scholarships specifically mention “Dreamers,” a nickname for those with DACA status. They include the University of Michigan’s Dreamer Scholarship, which is “intended to support undocumented students or students with DACA status,” as well as the University of Nebraska Omaha’s Dreamer Pathway Scholarship and University of Miami’s U Dreamers Program.
Western Michigan offers the WMU Undocumented/DACA Scholarship for “undergraduate students who are ineligible to receive federal student aid due to an undocumented or DACA status,” according to the complaint.
The department is also looking into whether other scholarships discriminate based on race or color, including the University of Louisville’s Dawn Wilson Scholarship for “undergraduate LGBTQ+ students of color” and the Louisville Tango Festival Scholarship for “Latino/a/x and Hispanic students.”
The University of Nebraska Omaha’s HDR Scholarship gives “preference … to underrepresented minority students,” while Western Michigan’s Elissa Gatlin Endowed Scholarship is designed for “African American, Native American, or Hispanic American” students.
The Washington Times has reached out to the five universities for comment.
Kay Jarvis, the director of public affairs at the University of Michigan, said the “university has received a letter of notification relating to this matter. We have no further comment.”
Since its founding in 2023, the Equal Protection Project has gained a reputation as a dogged higher education watchdog known for confronting universities whose diversity programs cross the line into discrimination.
The project has filed more than 70 complaints with the Office for Civil Rights, as well as challenges against 450-plus programs and scholarships at more than 100 universities.
“Protecting equal access to education includes protecting the rights of American-born students,” said William Jacobson, Cornell Law School professor and the project’s founder. “At the Equal Protection Project, we are gratified that the Department of Education’s Office for Civil Rights is acting on our complaints regarding scholarships that excluded American-born students. Discrimination against American-born students must not be tolerated.”
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.