The executive order doesn’t have an immediate impact on DEI programs at colleges and universities, but experts worry about a chilling effect.
By Jessica Blake
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Trump has signed a historic number of executive orders in his first two days in office.
Anna Moneymaker/Getty Images
One of President Donald Trump’s latest executive orders aims to end “illegal” diversity, equity and inclusion policies and could upend programs that support underrepresented groups on college campuses.
Whether the order, signed late Tuesday night, will be effective is not clear, some experts cautioned Wednesday. Others celebrated it as the end of DEI in America.
The order calls on all agencies to “enforce our longstanding civil-rights laws and to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities,” though it doesn’t define DEI. Additionally, the order directs the attorney general and education secretary—neither of whom have been confirmed—to create guidance for colleges and universities on how to comply with the 2023 Supreme Court ruling, which banned the use of race-conscious admissions policies.
The order should not, however, have any immediate impact on higher ed, as most provisions require agency action.
Higher education experts and diversity, equity and inclusion advocates say it’s difficult to know how far Trump’s latest order against DEI will actually go, but they are certain it represents an attempt to reverse more than 50 years of civil rights work to promote equal access to the American education system.
University stakeholders add that Trump’s ultimate goal is to amplify culture war issues and create a dichotomy between merit and hard work and programs that celebrate diversity and promote equitable access.
“What I see is a broad attempt to remove everything that is associated with long-standing institutional efforts to desegregate the U.S. government and institutions like colleges and universities that are entangled with the government through federal financial aid,” said Brendan Cantwell, a professor of education at Michigan State University.
But anti–diversity, equity and inclusion activists and conservative politicians, on the other hand, see Tuesday’s order as a positive change that reminds colleges to teach students how to think rather than what to think.
“For too long, social justice warriors crusaded to mandate DEI in every corner of America. Instead of merit, skills, and ability, DEI devotees pushed policies that are antithetical to American exceptionalism,” Republican representative and House education committee chair Tim Walberg said in a statement. “From the classroom to the board room, Americans have felt the negative effects.”
Christopher Rufo, a senior fellow at the conservative Manhattan Institute, said deconstruction of DEI is impending.
“Tomorrow morning, the general counsels for every major corporation and university are going to be reading President Trump’s executive orders on DEI and figuring out how they can avoid getting ruined by federal civil rights lawyers,” he wrote on X. “Huge changes imminent.”
Trump’s latest DEI action builds upon other related orders regarding sex, race and equity that he signed in the first two days of his second term, but this one has the highest likelihood of directly impacting higher education.
That’s in part because the order designates any institution that receives federal financial aid as a subcontractor. As subcontractors, colleges’ employment, procurement and contracting practices “shall not consider race, color, sex, sexual preference, religion, or national origin in ways that violate the nation’s civil rights laws,” according to the order.
Additionally, the Education Department must pick up to nine colleges that have endowments worth more than $1 billion to investigate as part an effort “to deter DEI programs or principles.” Harvard University, other Ivy League institutions and more than two dozen other colleges would be on the list for a potential inquiry.
Dear Ivy League universities, You are officially on notice. President Trump has declared that any race-based discrimination, including DEI-style discrimination, is now a violation of civil rights law and will put your federal funding in jeopardy. Abolish DEI, or get wrecked.
Across the board, policy experts that Inside Higher Ed spoke with say that while it is clear what Trump seeks to do, it is uncertain exactly what will actually come to pass. They called the order’s language broad and said much of its consequences will depend on what levers the department pulls for compliance, among other factors.
Jon Fansmith, senior vice president of government relations and national engagement for the American Council on Education, said in a webinar Wednesday that though the executive orders have created uncertainty, the directives don’t change federal law and are subject to lawsuits.
“The things we are talking about aren’t absolutes,” he said. “There’s a lot of understandable concern, but some things haven’t changed.”
On the other hand, Adam Kissel, a visiting fellow of higher education reform at the conservative Heritage Foundation, said the order’s implications are very clear.
“Colleges and universities, as well as other institutions, are on notice that the DEI party is over,” he said.
One way that the Trump administration can try to ensure the “DEI party” is fully brought to a halt is by telling colleges that the Supreme Court’s ruling on race-conscious admissions policies extends to any scholarship program or student support services that are geared toward a specific race or ethnic group. Colleges that don’t comply could risk their access to federal financial aid.
Some legal analysts and Republican officials have argued that the Supreme Court’s ruling also bars scholarships, internships and other educational programs that take race into account. The Biden administration disagreed and said the ruling only affected admissions.
Kissel said he is “200 percent sure” the Trump administration has the ability to extend the ruling to more than just admissions.
“The Supreme Court said discrimination is wrong and illegal under the equal protection clause as well as Title VI of the Civil Rights Act of 1964,” he said. And “when we’re talking about nondiscrimination, I think SCOTUS was very clear that the broad interpretation is correct.”
Kissel expects that the Trump administration will tie DEI compliance to both research grants and Title IV of the Higher Education Act of 1965, which authorizes federal financial aid programs. He believes they have clearance to do so as DEI is, in his view, discriminatory and colleges accessing federal funds cannot discriminate.
Regardless of the clarity level, a key factor that could determine the impact of the DEI order is how university leaders respond.
Cantwell said the response from leaders will depend on whether the university is private and what state it’s located in. He expects the order to carry more force at public colleges in Republican-led states. The government has the least control over private universities, he said, and though some dollars come from the federal government, much of higher ed funding is allocated at the state level, giving local lawmakers the most leverage on whether to enforce Trump’s rules.
Although blue states that disagree with the president’s order may be less likely than red states to pass legislation reinforcing the guidelines, some universities could act on their own. Some institutions, such as the University of Michigan, have already started to rethink their DEI programs in an effort to pre-emptively comply with federal directives.
“[The case of Michigan] does hint at some wariness,” Cantwell said. “And that wariness and sort of pre-emptive compliance, even absent direct threats from the federal or state government, might be somewhat universal. But I also think we will definitely see lots of variation by state.”
Sarah Hubbard, a Republican elected regent at the University of Michigan, said the latest executive order shows that Trump is “doing exactly what he said he’d do” and should be a sign that more steps need to be taken in order for Michigan and other public institutions to avoid losing billions in federal funds.
Michigan has already repealed the use of diversity statements in the hiring process and adopted a policy of institutional neutrality but has not directly cut staff or funding for any of its highly criticized DEI programs. Those decisions would be made in the upcoming budget cycle.
“Not speaking on behalf of the board … I hope that we will be doing more to realign our campus toward need-based scholarships and removing overbearing DEI bureaucracy,” Hubbard said.
Some higher education experts—particularly those working in and around DEI departments—are bracing for it to have a “gigantic” impact on students and faculty.
Kaleb Briscoe is an assistant professor of adult and higher education at the University of Oklahoma whose recent research has focused on the repercussions of DEI bans. She said that the order has already “sent shock waves,” adding that her phone is “blowing up about it.”
Although the action does not explicitly say it will ban or restrict DEI programs like some state-level laws, Briscoe believes that Trump’s campaign messages and record from his first term speak loudly. Among other actions, Trump issued an executive order defunding any federally funded trainings or programs that promote race or sex “stereotyping” or “scapegoating.” (Former President Biden rescinded that order.)
“The language within the executive order does not directly call for [banning DEI], but it doesn’t mean that it cannot be misinterpreted or used by policymakers to come up with additional bans,” she said.
Shaun Harper, a professor of education, business and public policy and the founder of the University of Southern California’s Race and Equity Center, and an opinion contributor to Inside Higher Ed, said the order “will surely frighten” university administrators. It will likely lead to the pre-emptive hiding, renaming or discontinuation of their DEI initiatives, he added.
“These leaders will be worried about losing their federal funding, which is exactly what DEI opponents want,” Harper said in an email to Inside Higher Ed. Heterosexual, Christian white men will likely feel supported and affirmed by Trump’s anti-DEI orders, as “too many of them have been tricked into misunderstanding DEI initiatives to be unfair, universal attacks,” he added.
But in the meantime, Harper said that minority students will face increased harassment, discrimination and violence and will “be left stranded without justice.”
Briscoe echoed Harper, adding that as the number of DEI-focused staff members dwindles, faculty members will be left to pick up the pieces.
“We’re looking at a very uphill climb of faculty having to take on more student affairs, diversity professional roles,” she said. “Staff may not exist, but these student needs will have not changed.”
Paulette Granberry Russell, president and CEO of the National Association of Diversity Officers in Higher Education, said the order is “deeply concerning,” mischaracterizes DEI and takes aim at the core mission of higher education.
“By attacking the important work of diversity, equity and inclusion offices at educational institutions, the order seeks to dismantle critical support systems for historically underrepresented students,” she said. “This would limit workforce preparation and stifle efforts to address systemic inequities. This order depicts diversity, equity and inclusion as divisive when, in reality, these initiatives aim to ensure opportunity for all.”
Granberry Russell added that while the order’s immediate impact will depend on how agencies enforce it, “it is already causing uncertainty and fear.”
“I hope that university leaders will recognize that executive orders should not dictate the values and priorities of higher education institutions,” she said. “Many colleges and universities have long-standing commitments to fostering inclusive environments, and I hope they will continue to uphold these principles despite political headwinds.”
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