The state of Tennessee, along with the group that successfully sued Harvard to end race-conscious college admissions, is now challenging a federal program that provides substantial funding to colleges serving Hispanic students. The lawsuit, filed by Students for Fair Admissions, takes aim at the Hispanic Serving Institutions (HSI) program, which supports schools with a minimum of 25 percent Hispanic enrollment. According to the complaint, this program violates state and federal anti-discrimination laws by providing preferential treatment to certain institutions based on ethnicity.
The lawsuit argues that all public higher education institutions in Tennessee cater to Hispanic and low-income students, yet none of them qualify for HSI grants due to their Hispanic enrollment falling below the required threshold. The complaint asserts that the HSI program prioritizes the welfare of one ethnic group over others, including Hispanic students at institutions that miss the arbitrary enrollment cutoff.
This legal challenge is part of a broader trend of conservative activists targeting programs that use racial or ethnic criteria, following the Supreme Court’s decision to eliminate affirmative action in college admissions in 2023. The American Alliance for Equal Rights has filed numerous lawsuits alleging discrimination in various sectors, prompting many organizations to discontinue their programs rather than engage in lengthy legal battles.
The HSI program, which received approximately $229 million in federal funding in 2024, aims to support Hispanic and low-income students by providing resources for academic needs such as laboratory equipment, libraries, tutoring, and counseling. Created out of concern that Latino students were disproportionately enrolled in underfunded institutions with poor outcomes, the program seeks to level the playing field for these students.
While the Trump administration is aligned with the premise of the lawsuit, it remains to be seen how the federal government will respond to the legal challenge. States with a significant number of Hispanic-serving institutions, like California, New York, and Illinois, could potentially intervene to defend the program. However, the implications of the lawsuit do not extend to historically Black colleges and universities, as their special funding is tied to their historical status rather than current enrollment demographics.
In conclusion, the lawsuit against the HSI program raises important questions about the constitutionality of using ethnic criteria for allocating federal funding in higher education. As the legal battle unfolds, it remains to be seen how this program, which has bipartisan support, will evolve in the face of mounting challenges.
