Hispanic-Serving Institutions Face Legal Threat

Hispanic-Serving Institutions (HSIs) are at risk of losing their special grant status and corresponding federal funding due to an ongoing constitutional challenge in the courts and a Trump Administration that announced it was declining to defend the legality of the HSI program.

The HSI program is currently confronting a lawsuit brought by Students for Fair Admissions – the same group that challenged Harvard’s race-conscious admissions program.

According to the lawsuit, the Higher Education Act’s eligibility requirement for HSIs – that institutions must have undergraduate enrollment of at least 25% Hispanic students to qualify – is an unconstitutional racial quota. As a result, the plaintiffs are seeking a declaration that the program’s race-based eligibility requirement is unlawful and an end to federal funding based on such criteria. According to the Hispanic Association of Colleges and Universities, 188 of the nation’s 615 HSIs are private, nonprofit institutions.

While advocates argue that these programs are constitutional—pointing out that HSIs are open to all students and do not grant admission preferences based on race – the current political and legal climate may make it difficult to successfully protect HSIs and other minority-serving institutions with similar eligibility rules from adverse legal rulings. Some of these institutions already face funding cuts or freezes, imposed by the administration. Ultimately, it may be necessary to alter eligibility criteria for certain minority-serving programs in order to preserve them.

For more information, please contact:
Jody Feder