Executive overreach: The continued attack on educational equity

Summary: Across the United States, students, parents and educators are reeling from the ongoing attacks on education. So, what can be done in the face of more executive orders that are eroding civil rights and threatening the integrity of public education?  

In a continuation of policies that undermine educational equity, the Trump administration continues to issue executive orders that further erode civil rights protections and threaten the integrity of public education. These executive actions have disproportionately impacted Latino students and other historically marginalized communities, exacerbating existing disparities in educational access and outcomes.   

How are the most recent executive orders sabotaging education for Latino students?  

• Eliminating data and research that identifies disparate impacts of existing regulations and guidance.  

• Reinstating harmful school discipline policies.  

• Undermining accreditation and diversity in higher education.  

• Threatening in-state tuition for undocumented students. 

Eliminating disparate impact protections  

What happened? President Trump signed an executive order directing all federal agencies to eliminate the use of disparate impact liability in enforcement of civil rights laws, including Title VI and Title VII. The order also mandates the Department of Justice review and potentially repeal existing regulations and guidance that incorporate disparate impact standards.   

Why is this alarming? Disparate impact is a way of proving discrimination even when it wasn’t intentional. It works like this: If a policy or practice appears fair on paper but ends up harming one group of people much more than others, that can be considered discrimination, even if no one meant for it to be discriminatory. Eliminating this tool weakens the government’s ability to combat systemic discrimination. An administrative judge employed by the Equal Employment Opportunity Commission — a federal agency responsible for enforcing laws that prohibit workplace discrimination, raised concerns about the legality of this move, suggesting it undermines established civil rights protections.  

How does this affect students, especially Latino students? Without disparate impact protections, schools may implement policies that inadvertently disadvantage Latino students and English Learners, such as biased disciplinary practices or resource allocation, without accountability. This could lead to increased educational disparities and reduced opportunities for affected students.   

What can be done? Advocacy groups and civil rights organizations can challenge the executive order in court, as seen in previous instances where such orders were deemed unconstitutional. Educators and policymakers should continue to collect and analyze data to identify and address disparities, ensuring equitable treatment for all students.  

Reinstating harmful school discipline policies  

What happened? The Trump administration issued an executive order directing the Department of Education and the Department of Justice to revise Title VI guidance on how schools discipline students. The new approach focuses on punishing specific behaviors rather than considering whether certain groups of students are being disciplined unfairly.    

Why is this alarming? Previous guidance encouraged schools to examine whether their discipline policies were leading to unequal outcomes and to find alternative approaches when possible, to address racial disparities. This order could lead to the reinstatement of zero-tolerance policies, which means schools have strict rules with automatic, severe punishments and no exceptions and no consideration of individual circumstances. For instance, a kindergartner pretending their finger is a gun suspended for “making threats.” 

How does this affect students, especially Latino students? Latino students and students of color are more likely to face harsher disciplinary actions under punitive policies, contributing to the school-to-prison pipeline and hindering academic achievement. The removal of the Obama-era guidance may exacerbate these disparities, leading to long-term negative outcomes and reducing students’ access to supportive, inclusive learning environments.  

What can be done?  Educators and administrators should advocate for restorative justice practices and culturally responsive discipline policies such as restorative circles that promote accountability and healing, culturally responsive classroom management training to reduce bias in discipline, and Positive Behavioral Interventions and Supports (PBIS) that reinforce inclusive, school-wide behavioral expectations. Community engagement and professional development can help implement fair and effective discipline strategies that support all students. State leaders can also establish policies that back these approaches and ban zero-tolerance approaches. 

Undermining accreditation and diversity in higher education  

What happened? President Trump signed an executive order targeting university accreditors that promote diversity, equity, and inclusion initiatives. The order urges the Department of Education to allow new accrediting organizations, not just the usual ones, to ensure that colleges are evaluated without reference to race, ethnicity, or sex. This challenges long-standing efforts to promote diversity, equity, and inclusion in higher education. By pushing for accreditors and colleges to avoid considering race, ethnicity, or sex, the order could undermine protections that help historically marginalized groups, weaken the ability of colleges to address systemic inequalities, and encourage the rise of alternative accreditors that may not have the same standards for ensuring equal opportunities for all students. 

Why is this alarming? If a college isn’t accredited, students usually can’t get federal financial aid, and their degrees might not be recognized by employers or other schools. By pressuring accreditors to move away from initiatives that ensure opportunity for all students, the order threatens to diminish efforts that support underrepresented students. This could mean decreased access to resources and support systems, mentoring programs, training on bias and discrimination, and more.  

How does this affect students, especially Latino students? Latino students may face reduced support in higher education institutions as diversity, equity, and inclusion programs are dismantled. This can impact retention rates, academic achievement, and overall campus inclusivity, hindering the progress made toward educational equity. Already, UnidosUS research finds that Latino students report having scant access to support services — and many have considered dropping out of school as a result.  

What can be done? Higher education institutions should reaffirm their commitment to providing opportunities and resources to all students, with particular focus on those who need them most. It is important to remember that not all diversity, equity, and inclusion initiatives are illegal. Educational institutions should carefully review their state policies to ensure compliance while continuing to support equitable practices. 

Threatening in-state tuition for undocumented students 

 What Happened? On April 28, 2025, President Trump signed an executive order claiming that offering in-state tuition to undocumented students violates federal law if out-of-state U.S. citizens are charged higher tuition rates. The order directs federal agencies to pressure states and universities to eliminate in-state tuition benefits for undocumented students. 

Why is this alarming? This executive action misrepresents the intent and application of federal law and attempts to override the legal authority of states to govern tuition policies. Most states with in-state tuition laws apply strict residency and graduation requirements equally—or even more rigorously—to undocumented students than to U.S. citizens. The order represents an unprecedented overreach into state education policy, threatening the educational and economic futures of thousands of immigrant youth. 

How does this affect students, especially Latino students? Latino students make up most of the undocumented youth who would lose access to affordable higher education if this order were enforced. Denying in-state tuition would make college financially inaccessible for many, leading to lower college enrollment, reduced workforce readiness, and lost opportunities for upward mobility. This policy could also have chilling effects on high school completion rates, further exacerbating educational disparities for Latino and immigrant communities. 

What can be done? Decisionmakers, educators, and institutions should continue supporting undocumented students and pushing back against federal overreach. Policymakers can reaffirm their commitment to expanding access to higher education and remind communities that in-state tuition policies benefit everyone — boosting local economies and strengthening the workforce. 

UnidosUS remains steadfast in advocating for policies that promote educational equity and protect student rights, especially for Latino students. We call on educators, policymakers and community members to join us in opposing these executive orders and ensuring that all students have access to inclusive and supportive learning environments.