President Trump recently signed an executive order requiring universities to hand over student admissions data to the federal government.
The order seeks to intensify scrutiny of schools, targeting factors such as race, socioeconomic status and personal essays to determine if schools use affirmative action tactics.
In 2023, the Supreme Court ruled that the consideration of race in the admissions process violated the Equal Protection Clause of the Constitution, striking down affirmative action programs at the University of North Carolina (UNC) and Harvard.
“Although the Supreme Court of the United States has definitively held that consideration of race in higher education admissions violates students’ civil rights, the persistent lack of available data — paired with the rampant use of ‘diversity statements’ and other overt and hidden racial proxies — continues to raise concerns about whether race is actually used in practice,” the order stated. “Greater transparency is essential to exposing unlawful practices and ultimately ridding society of shameful, dangerous racial hierarchies.”
According to Al Jazeera, Trump has rescinded billions in federal contracts, grants and other funds from schools like Columbia, Harvard, Brown and the University of California, Los Angeles (UCLA).
In order to restore funds, Trump demanded university leaders to agree to various orders, including oversight on admissions.
Last month, Columbia and Brown both reached settlements with the administration, requiring them to release information about applicants’ race as well as test scores and academic performance in exchange for federal funding.
As part of the deal Brown reached, the school agreed to spend $50m on workforce development programs and maintain “merit-based admissions policies”.
“No proxy for racial admission will be tolerated,” the settlement stated. “Brown may not use personal statements, diversity narratives, or any applicant reference to racial identity as a means to introduce or justify discrimination.”
Late last month, the Justice Department released legal guidance that said race-based scholarships and programs are likely illegal. It warned that entities receiving federal funding should not prioritize “underrepresented groups” for admissions or hiring, especially if they are considering race, according to Politico.
Additionally, the guidance attempts to address potential proxies for race, including considering “lived experience,” “overcoming obstacles,” “cross-cultural skills” or seeking candidates from specific geographic areas.
Angel Pérez, the CEO of the National Association for College Admission Counseling said the executive order will likely end up in courts and the administration does not have legal standing.
“What it does do, though, is it continues to create chaos,” Pérez said. “It continues to create a culture of fear on campuses, and it continues to weaponize the practices that college admission officers use to enroll their first-year classes.”
Registration is closed for Common Ground: Building Together conference and gala award banquet in San Francisco on January 24. A shoutout to our planning committee: Jane Chin, Frank Mah, Jeannie Young, Akemi Tamanaha, Nathan Soohoo, Mark Young, Dave Liu, and Yiming Fu.
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