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An effort by the Trump administration to crack down on diversity, equity and inclusion by linking federal funding to anti-DEI mandates is receiving major pushback from higher ed groups and 20 attorneys generals who say the requirement is unfair and unlawful.
A coalition of primarily Democratic AGs sued the Trump administration last week over the mandate.
“These new contract terms were imposed without public input, without clear guidance, and without explanation of how they differ from anti-discrimination laws that have been on the books for decades,” said Maryland Attorney General Anthony Brown in a news release. “These poorly defined mandates cause confusion for contractors like Maryland’s State agencies and universities.”
The lawsuit points out that “state universities, for example, regularly enter into contracts with the federal government totaling millions of dollars and involving various university resources and personnel.”
The lawsuit follows a similar one filed in April by the National Association of Diversity Officers in Higher Education, a coalition of higher education organizations, academic professionals, and minority contractor groups that rely on federal funding and contracts.
Higher education groups have also balked at guidance from the General Services Administration for colleges to verify their compliance with anti-DEI measures before being granted federal funding.
Academic institutions and Democratic attorneys say the GSA should rescind that rule because, they argue, it oversteps the government’s authority.
About two dozen higher ed groups signed a memo in late March that states that “institutions or any other entities should not be required to provide an additional certification that they are in compliance with an interpretation of federal law and may, in fact, contradict state and local law.”
The letter was penned by the American Council on Education on behalf of the groups, which included the American Association of Community Colleges, the American Indian Higher Education Consortium, Association of Jesuit Colleges and Universities, and the Council on Social Work Education, among many others.
The groups and the GSA did not respond to The College Fix‘s requests for comment.
In January 2025, President Trump issued the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order. It stated that any policy based on diversity, equity, and inclusion is considered unconstitutional and a contributor to racial discrimination.
The Department of Justice issued a letter in July of that year restating the problem, the commitment of the government to promote equality, and a guide clarifying the “application of federal antidiscrimination laws to programs or initiatives that may involve discriminatory practices.”
The department listed grievances, the most significant being the preference treatment based on skin color. Granting scholarships, offering job positions and promotions, or giving access to facilities based on a protected characteristic, such as race or color, fall into this category.
In its proposal issued earlier this year, the GSA stated federally funded groups must comply with anti-DEI measures as part of the certification requirements for receiving federal funds. An executive order issued in March 2026 directs federal and state agencies to adopt new contract terms prohibiting contracts that include DEI provisos.
The president of the American Council of Education, Ted Mitchell, stated in the memo the regulation should not be enforced.
“Requiring recipients of federal funds to certify they are in compliance with recommended best practices included in DOJ and other sub-regulatory guidance effectively turns ‘non-binding suggestions’ into mandatory requirements for the receipt of federal funds.” the memo stated.
“Further, the proposed certification goes well beyond settled law, requiring endorsement of legal interpretations that are the subject of current federal litigation and have not yet been resolved by the courts.”
In addition to the higher education groups, California Attorney General Rob Bonta in late March co-authored a memo representing 23 attorneys generals in opposition to GSA’s proposal.
States represented are led by Democrats, including Connecticut, Illinois, Arizona, Minnesota, Michigan, Maine, Hawaii, Colorado, New York, Wisconsin, Rhode Island and others.
The attorneys cite several federal laws they argue violate the demand, such as the Paperwork Reduction Act and the Administrative Procedure Act.
Bonta stated in a news release that the “proposal is another attempt by the Trump Administration to advance its agenda against diversity, equity, and inclusion.”
“GSA wants to scare grant recipients into halting lawful programs that protect Americans from discrimination and unfair roadblocks,” he added. “We will not stand by as GSA oversteps its authority and imposes unnecessary burdens on funding applicants.”
The GSA did not respond to a request for comment from The College Fix asking if it has issued a formal response to the concerns. Some experts believe the issue might be hashed out in federal court.
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