A coalition of 30 Senate Democrats and independents is demanding the Trump administration reverse its decision to cut federal funding to minority-serving institutions, warning the move threatens the education of millions of students and sets a dangerous legal precedent.
Sen. Alex Padilla
"This decision is yet another example of this Administration attempting to circumvent Congress and its obligations to follow the law," the senators wrote. "Unilaterally deciding that long-standing programs are unconstitutional, absent a ruling from the judiciary, sets a dangerous precedent and disrupts needed support that colleges and students rely on."
The conflict stems from a December 2, 2025, opinion issued by the Department of Justice's Office of Legal Counsel, which determined that federal grant programs for Hispanic-Serving Institutions, Alaska Native and Native Hawaiian-Serving Institutions, Asian American and Native American Pacific Islander-Serving Institutions, and Native American-Serving Nontribal Institutions are unconstitutional. The Education Department subsequently announced it was evaluating the opinion's full impact on affected programs.
The administration's legal rationale rests on the Supreme Court's 2023 ruling in Students for Fair Admissions v. Harvard, which prohibited race-conscious admissions policies at colleges and universities. But the senators argue the administration has badly misapplied that precedent.
MSIs do not determine federal funding eligibility based on admissions policies, the senators noted. Instead, institutions qualify based on their existing student enrollment — for example, Hispanic-Serving Institutions must demonstrate that at least 25 percent of enrolled students are Hispanic — as well as lower-than-average per-student expenditures and high percentages of Pell Grant recipients.
"MSIs are not directed nor required to employ race-conscious admissions policies," the letter states. "They are evaluated based on the population of students they already serve at the time they are applying for funding."
The senators also took issue with the DOJ opinion's treatment of institutions serving Native American, Alaska Native, and Native Hawaiian students, arguing those programs are rooted not in racial classifications but in the federal government's legal trust responsibilities to Native communities — obligations established through treaties, statutes, and court decisions. They noted that nearly half a dozen federal agencies have already clarified that programs serving those populations do not constitute DEI activities prohibited under Trump's executive orders.
The stakes are significant. More than 800 federally recognized MSIs collectively enroll over five million students, many of them first-generation college students from low-income backgrounds. More than half of all MSI students qualify for Pell Grants, and HSIs alone enroll 37 percent of the nation's Pell recipients. The funding provided through Title III and Title V grants supports all students at these institutions, regardless of race or ethnicity, the senators emphasized.
The impact is already being felt. The California State University system alone has lost 26 HSI grants totaling more than $41 million, two AANAPISI grants totaling $1.62 million, and an additional grant of $300,000 under related programs.
MSI funding has historically drawn bipartisan support. Congress first established the programs in the 1986 reauthorization of the Higher Education Act, and they have been reauthorized across six administrations of both parties. During his first term, President Trump himself signed the FUTURE Act, which secured permanent funding for HBCUs, Tribally Controlled Colleges, and MSIs.
The letter was co-signed by Senate Democratic Leader Chuck Schumer and 22 additional Democratic senators.
