SAN ANTONIO – The Hispanic Association of Colleges and Universities (HACU) has released the following statement in response to the July 25, 2025, letter from the Solicitor General of the U.S. Department of Justice, stating the Department’s decision not to defend the constitutionality of Hispanic-Serving Institutions (HSIs) in the ongoing litigation involving the State of Tennessee and Students for Fair Admissions (SFFA), which seeks to eliminate the HSI designation.
“This unjust effort to end the HSI grant program will disproportionately harm all students attending these colleges and universities and their communities. It is also legally unsound, as any Administrative Procedure Act claims are unfounded due to the program’s establishment by Congress rather than agency overreach. What should also be considered is that the 25% benchmark designating HSIs is used to allocate federal support, not exclude, stigmatize or prefer individual applicants, and that the HSI Program was established by Congress, not by agency overreach. Furthermore, the HSI program constitutes only a fraction of the federal budget, yet delivers a return on investment that far exceeds its modest cost. The program has demonstrated how even a modest investment can yield disproportionate benefits for the nation. HACU remains committed to preserving and protecting the programs necessary for all students to succeed and thrive,” said David Mendez, HACU’s Interim Chief Executive Officer. “Ending HSI program grants supporting institutions would cut off vital resources, not only for HSIs but for other programs that serve a large proportion of first-generation, low-income, and other historically underrepresented college students. HACU does not advocate for preferential treatment but rather equitable funding for over 600 Hispanic-Serving Institutions that educate over 5.6 million students and ensure our nation’s future success.”
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*Editor’s Note: David Mendez is HACU’s former Interim CEO. John Moder is the Interim Chief Executive Officer as of October 6, 2025.
