(WASHINGTON) — The Trump administration’s attempt to make federal funding to schools conditional on them eliminating any diversity, equity and inclusion (DEI) policies erodes the “foundational principles” that separates the United States from totalitarian regimes, a federal judge said on Thursday.
In an 82-page order, U.S. District Judge Landya McCafferty in New Hampshire partially blocked the Department of Education from enforcing a memo issued earlier this year that directed any institution that receives federal funding to end discrimination on the basis of race or face funding cuts.
“Ours is a nation deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned,” Judge McCafferty wrote, adding the “right to speak freely and to promote diversity of ideas and programs is…one of the chief distinctions that sets us apart from totalitarian regimes.”
“In this case, the court reviews action by the executive branch that threatens to erode these foundational principles,” she wrote.
The judge stopped short of issuing a nationwide injunction, instead limiting the relief to any entity that employs or contacts with the groups that filed a lawsuit challenging the DOE’s memo, including the National Education Association and the Center for Black Educator Development.
The education groups sued the Department of Education in February after the agency warned all educational institutions in a letter to end discrimination based on race or face federal funding consequences.
The lawsuit criticized what it said was an unlawful “Dear Colleague” letter which will “irreparably harm” schools, students, educators, and communities across the country.
“This vague and clearly unconstitutional memo is a grave attack on students, our profession and knowledge itself,” American Federation of Teachers President Randi Weingarten said in a statement at the time.
In justifying her preliminary injunction Thursday, Judge McCafferty called out the DOE for taking a position on DEI that flatly contradicts its own policies from a few years ago.
“Prior to the 2025 Letter, the Department had not indicated a belief that programs designed to promote diversity, equity, or inclusion constituted unlawful discrimination. Nor had it taken the position that schools necessarily behave unlawfully when they act with the goal of increasing racial diversity. In fact, the Department had taken the opposite position,” the judge wrote.
In addition to finding the policy is likely unconstitutional and illegal, Judge McCafferty also criticized the Department of Education for making funding conditional on DEI programming, though the judge said the memo “does not even define what a DEI program is,” pointing to “vague and expansive prohibitions” in the DOE’s letter from February.
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