The Hispanic Association of Colleges and Universities (HACU) and LatinoJustice PRLDEF, a national civil and human rights organization, has filed a motion to intervene in Tennessee and Students for Fair Admissions (SFFA) v. U.S. Department of Education, a federal lawsuit in the Eastern District of Tennessee that seeks to dismantle the Hispanic-Serving Institutions Program.
The HSI Program provides targeted federal funding to not-for-profit colleges and universities where at least 25% of the full-time equivalent undergraduate enrollment is Hispanic. The attack on the HSI Program is the latest in a series of legal assaults orchestrated by Edward Blum and SFFA, the same group behind the lawsuits that ended race-conscious admissions at Harvard and UNC. These new attacks aim to defund institutions simply because they serve Latino students.
“This lawsuit is a direct attempt to erase programs that remedy racial and ethnic disparities and strip away essential resources from institutions that serve Latino students,” said Francisca Fajana, Director of Racial Justice Strategy at LatinoJustice PRLDEF. “We have fought for educational equity for decades from defending K-12 access to supporting affirmative action in higher education. We’re ready to do the same here.”
Unlike admissions policies that evaluate individual applicants, the HSI Program applies a neutral benchmark to institutions and helps expand access to higher education through federal support. Over two-thirds of Latino college students attend Hispanic-Serving Institutions. Hispanic-Serving Institutions include 615 HSIs nationwide, which enroll 67.3% of all Hispanic undergraduate students.
“The lawsuit seeking to dismantle the Hispanic Serving Institutions program directly undermines years of advocacy by our founding members that led the federal government to formally recognize HSIs in 1992,” said Antonio R. Flores, President and CEO of the Hispanic Association of Colleges and Universities. “The HSI Program is a vital engine of educational excellence, workforce readiness and opportunity for all students attending these exemplary learning communities. HACU joins in defending the policies and resources HSIs need to educate and serve 5.6 million students from all backgrounds nationwide.”
According to the papers filed, the lawsuit falsely claims that the HSI Program violates the Equal Protection Clause of the Constitution, but legal precedent strongly supports the government’s ability to recognize racial disparities and allocate resources accordingly. The HSI Program was created by Congress to provide targeted support to institutions that already serve a high percentage of Latino students. It does not exclude or prefer individuals based on race, but instead funds schools working to close educational gaps. Legal precedent, including Parents Involved v. Seattle School District No. 1, affirms that the government can be aware of racial and ethnic disparities and take action to address persistent inequities.
For any questions about the case, please contact HACU D.C. Government Relations at dcgr@hacu.net.
