BOSTON — A federal judge has temporarily blocked the Trump administration’s initiative to gather information from universities demonstrating they are not factoring race into their admissions decisions.
U.S. District Court Judge F. Dennis Saylor IV in Boston issued the preliminary injunction on Friday after 17 Democratic state attorneys general filed a lawsuit challenging the mandate earlier this month. The court order applies only to public universities within the plaintiff states.
While Judge Saylor acknowledged the federal government probably possesses the legal power to gather this information, he criticized how the requirement was implemented, describing it as “rushed and chaotic.”
“The 120-day deadline imposed by the President led directly to the failure of NCES (National Center for Education Statistics) to engage meaningfully with the institutions during the notice-and-comment process to address the multitude of problems presented by the new requirements,” Saylor wrote.
The data collection mandate originated from President Trump’s August directive, which emerged from his concerns that higher education institutions were using personal essays and other indirect methods to factor race into admissions decisions — practices he considers unlawful discrimination.
The Supreme Court’s 2023 decision eliminated affirmative action in college admissions while allowing institutions to consider how racial experiences have influenced students’ lives when applicants discuss such matters in their application essays.
The challenging states contend this data gathering threatens student privacy and could trigger unfounded investigations into educational institutions. They further maintain that universities received insufficient time to compile the requested information.
Michelle Pascucci, representing the plaintiff states, informed the court that “The data has been sought in such a hasty and irresponsible way that it will create problems for universities,” noting the initiative appeared designed to expose illegal practices.
The Education Department has justified the program by stating taxpayers deserve transparency regarding fund usage at federally-supported institutions.
This policy mirrors settlement arrangements the government reached with Brown University and Columbia University, which restored their federal research funding. Both universities committed to providing the government with applicant, admitted student, and enrolled student data including race, GPA, and standardized test scores. The institutions also accepted government audits and agreed to publish admissions statistics publicly.
The National Center for Education Statistics was tasked with gathering comprehensive data on college applicants’, admitted students’, and enrolled students’ race and gender. Education Secretary Linda McMahon specified this information, initially due March 18, must be separated by race and gender categories and reported retroactively for seven years.
Universities failing to provide timely, complete, and accurate information face potential action from McMahon under Title IV of the Higher Education Act of 1965, which establishes requirements for colleges receiving federal student financial aid.
Separately, the Trump administration has filed suit against Harvard University regarding similar data requests, claiming the institution refused to supply admissions records the Justice Department demanded to verify the school discontinued affirmative action practices. Harvard maintains it has been cooperating with government requests and complies with the Supreme Court’s affirmative action ban. On Monday, the Education Department’s Office for Civil Rights gave Harvard 20 days to comply with data requests or face Justice Department referral.
