Students For Fair Admissions And The State Of Tennessee File Federal Lawsuit Challenging Racial Discrimination In Hispanic-Serving Institutions Program

The HSI program, created under Titles III and V of the Higher Education Act, provides federal funding to colleges and universities whose undergraduate enrollment is at least 25% Hispanic. While all public institutions of higher learning in Tennessee serve Hispanic and low-income students, none of them qualify for these funds-solely because they do not meet the program's arbitrary ethnic threshold.

The plaintiffs argue that the HSI program, as currently implemented, engages in unconstitutional racial balancing and exceeds Congress's constitutional authority. The program's defining feature-a 25% Hispanic enrollment requirement-acts as a strict racial gatekeeper, determining which institutions are eligible to receive tens of millions of dollars in federal support.

The complaint underscores that several Tennessee institutions-including East Tennessee State University, the University of Memphis, and Middle Tennessee State University-would otherwise be eligible for HSI grants based on neutral criteria such as low educational expenditures and high numbers of low-income students. But they are excluded solely because their Hispanic enrollment falls below the 25% threshold.

The lawsuit also emphasizes the harm the program causes to both institutions and individuals. SFFA's members include faculty at Tennessee universities who would compete for HSI grants if permitted, as well as students who are deprived of the educational resources these grants fund-such as upgraded laboratories, enhanced tutoring programs, and postbaccalaureate opportunities.

The State of Tennessee alleges that the HSI program puts its universities in an impossible legal bind: they must either engage in illegal racial balancing in admissions to qualify for grants or forego tens of millions of dollars in federal support. Recently enacted Tennessee law explicitly prohibits race-based preferences in public education, putting state institutions at risk of violating either state or federal law no matter which direction they turn.

The complaint seeks a declaratory judgment that the HSI program's racial criteria are unconstitutional and a permanent injunction barring the Department of Education from using racial or ethnic thresholds when determining grant eligibility.

Edward Blum, president of SFFA, said, "This lawsuit is not about denying opportunity to any racial or ethnic group. It is about ensuring that opportunity is extended to everyone on an equal basis."

Blum continued, "This lawsuit challenges a federal policy that conditions the receipt of taxpayer-funded grants on the racial composition of a student body. Discriminating against colleges, universities, faculty, and students based on race violates the fundamental principle of equal protection under the law. No student or institution should be denied opportunity because they fall on the wrong side of an ethnic quota."

Blum concluded, "The Supreme Court made clear in Students for Fair Admissions v. Harvard that such practices are patently unconstitutional."

Contact:
Edward Blum, President
703-505-1922
[email protected]

SOURCE Students for Fair Admissions

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