Issued: July 23, 2025
Agency: U.S. Department of Education, Office for Civil Rights (OCR)
Starting July 23, 2025, the DOE issued a directive clarifying that federal scholarship programs must not exclude U.S.-born students. All universities must act immediately to ensure compliance—with enforcement measures, including funding withdrawal, for any violations.
1. Legal Authority
Under Title VI of the Civil Rights Act of 1964, federally funded institutions cannot discriminate based on national origin. The current investigations examine whether scholarship programs reserved for undocumented or DACA students exclude U.S.-born citizens, potentially violating this law.
2. Universities Under Review
OCR has opened investigations at five universities:
- University of Louisville
- University of Nebraska Omaha
- University of Miami
- University of Michigan
- Western Michigan University .
These inquiries stem from complaints submitted by the Legal Insurrection Foundation’s Equal Protection Project, arguing that these scholarships unlawfully exclude American-born students.
3. Specific Scholarship Programs
OCR is examining funding programs such as:
- Louisville’s Sagar Patagundi Scholarship
- Nebraska Omaha’s Dreamer’s Pathway Scholarship
- Miami’s U Dreamers Program
- Michigan’s Dreamer Scholarship
- Western Michigan’s WMU Undocumented/DACA Scholarship .
Additionally, OCR is reviewing scholarships with race- or color-based criteria—like Louisville’s Dawn Wilson Scholarship and WMU’s Elissa Gatlin Scholarship—for potential Title VI violations .
4. Federal Response
Acting Assistant Secretary for Civil Rights, Craig Trainor, stated:
“Neither the Trump Administration’s America first policies nor the Civil Rights Act of 1964’s prohibition on national origin discrimination permit universities to deny our fellow citizens the opportunity to compete for scholarships because they were born in the United States” .
Secretary of Education Linda McMahon affirmed that “non-citizens should not receive scholarship preference over U.S. citizens” .
5. Compliance Requirements
OCR expects all federally funded institutions to:
- Open scholarship eligibility to all students, regardless of citizenship or immigration status.
- Eliminate any race-, ethnicity-, or nationality-based criteria.
- Review and revise third-party funded scholarships accordingly.
- Take immediate corrective actions or face federal funding loss.
6. Broader Context
This enforcement is part of a wider campaign targeting DEI initiatives across higher education. Earlier this year, OCR opened investigations into more than 50 universities over race-based programs, including scholarships and graduate initiatives.
7. What Happens Next
- OCR will assess whether the identified scholarships constitute unlawful discrimination under Title VI.
- Institutions may need to amend or discontinue eligibility criteria, or face legal enforcement and possible loss of federal funding.
- OCR plans broader oversight of all programs with potential race or national origin biases.
U.S. Department of Education Opens Investigations into Five Universities for Alleged Exclusionary Scholarships Benefitting Illegal Alien Students
The U.S. Department of Education’s Office for Civil Rights (OCR) has opened national origin discrimination investigations into the University of Louisville, the University of Nebraska Omaha, the University of Miami, the University of Michigan, and Western Michigan University. The investigations will determine whether these universities are granting scholarships only for Deferred Action for Childhood Arrivals (DACA) or “undocumented” students, in violation of Title VI of the Civil Rights Act of 1964’s (Title VI) prohibition against national origin discrimination.
These investigations are based on complaints submitted to OCR by the Legal Insurrection Foundation’s Equal Protection Project, which seeks to ensure equal protection under the law and non-discrimination by the government in any form.
“On January 21, 2025, President Trump promised that ‘every single day of the Trump Administration, [he] will, very simply, put America first.’ Neither the Trump Administration’s America first policies nor the Civil Right Act of 1964’s prohibition on national origin discrimination permit universities to deny our fellow citizens the opportunity to compete for scholarships because they were born in the United States,” said Acting Assistant Secretary for Civil Rights Craig Trainor. “As we mark President Trump’s historic six months back in the White House, we are expanding our enforcement efforts to protect American students and lawful residents from invidious national origin discrimination of the kind alleged here.”
“Protecting equal access to education includes protecting the rights of American-born students. At the Equal Protection Project, we are gratified that the Department of Education’s Office for Civil Rights is acting on our complaints regarding scholarships that excluded American-born students,” said William A. Jacobson, founder of the Equal Protection Project. “Discrimination against American-born students must not be tolerated.”
The investigations also will examine additional scholarships that appear to exclude students based on other aspects of Title VI, including race and color.
Background
According to the complaints, the following scholarships allegedly provide unlawful exclusionary funding based on national origin:
- University of Louisville’s Sagar Patagundi Scholarship to “subsidize the cost of higher education…for undergraduate DACA and undocumented students;”
- University of Nebraska Omaha’s Dreamer’s Pathway Scholarship for “students who are DACA or DACA-eligible and Nebraska residents who are seeking an undergraduate degree;”
- University of Miami’s U Dreamers Program, which “is available to academically talented and admissible [DACA] and undocumented high school seniors and transfer students;”
- University of Michigan’s Dreamer Scholarship, which “is intended to support undocumented students or students with DACA status;” and
- Western Michigan University’s WMU Undocumented/DACA Scholarship “for undergraduate students who are ineligible to receive federal student aid due to an undocumented or DACA status.”
OCR will also investigate other allegedly impermissible and exclusionary scholarships detailed in the complaint, which include:
Western Michigan University’s Elissa Gatlin Endowed Scholarship for “African American, Native American, or Hispanic American” students.
University of Louisville’s Dawn Wilson Scholarship for “undergraduate LGBTQ+ students of color” and the Louisville Tango Festival Scholarship for “Latino/a/x and Hispanic students;”
University of Nebraska Omaha’s HDR Scholarship, which gives “preference…to underrepresented minority students;” and
Sources: ED.gov , TV503.com USA News
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