Trump Issues Executive Orders Affecting Higher Education

In the opening days of his administration, President Trump released a flurry of executive orders on a wide array of issues, including several that will impact colleges and universities. Trump also rescinded many of President Biden’s former directives and imposed a regulatory freeze that will prevent the Department of Education and other federal agencies from issuing regulations for 60 days.

Key directives affecting institutions of higher education include:

• An executive order on the federal definition of “sex.” For purposes of federal laws providing protections on the basis of sex, the order defines the term “sex” to mean biological sex at birth and excludes gender identity from the definition. Federal agencies are directed to apply the new definition when interpreting and enforcing federal laws, regulations, and guidance. As a result, the Department is expected to rescind Biden-era Title IX policies that provided protections for transgender students.

• An executive order on diversity, equity, and inclusion (DEI) initiatives. The order directs federal agencies to terminate “all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements” and to take action against private-sector DEI initiatives.

Specifically, the order instructs the Office of Federal Contract Compliance Programs to stop promoting diversity and states that all federal grants and contracts must require grantees and contractors to certify that they do not operate any DEI activities that violate applicable federal civil rights laws. This section of the order is somewhat similar to, but broader than a previous executive order on race and sex stereotyping in federal contracting that was issued by Trump and rescinded by President Biden.

Under the new order, institutions of higher education with endowments over $1 billion could face investigations and lawsuits as part of an effort to “encourage the private sector to end illegal discrimination and preferences, including DEI.” To that end, federal agencies are directed to propose, within 120 days, an enforcement plan to identify key sectors of concerns and establish a plan to deter DEI programs or principles, including a plan to identify up to nine potential civil compliance investigations of institutions of higher education with endowments over $1 billion. Finally, the order instructs the Attorney General and Secretary of Education to issue joint guidance on compliance with the Supreme Court’s affirmative action ruling in the Harvard case.

• An executive order rescinding guidance from the Biden Administration that established “protected areas” where immigration officials could not enter to make arrests. Under this order, immigration officials and other law enforcement personnel can now enter places such as schools, churches, and healthcare facilities that were restricted during the Biden Administration and previously considered places of “sanctuary.”

In addition to these executive orders, President Trump imposed a hiring freeze that prohibits federal agencies from hiring new employees for 90 days. Positions designated for political appointees may still be filled, but the directive will limit the ability to fill positions at understaffed agencies, including the Department of Education.

For more information, please contact:
Jody Feder