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For decades, the U.S. government used federal civil rights enforcement to address historic discrimination against Black students and other students of color. This included desegregation efforts by the Justice Department and initiatives by the Education Department to promote equal opportunity and hold schools accountable for racial disparities.
Under the current Trump administration, that focus has changed. Programs designed to close achievement gaps for students of color are now frequently challenged as discriminatory against White students. Initiatives long considered lawful are being labeled “illegal DEI” (diversity, equity, and inclusion), with non-compliant schools facing threats to federal funding or the loss of grants.
Civil rights advocates argue this represents a reversal of decades of legal precedent and practice. Michael Pillera of the Lawyers’ Committee for Civil Rights Under Law described it as “flipping the purpose of civil rights law on its head,” potentially harming not only Black students but broader school communities.
**Increased Scrutiny and Investigations**
The administration has opened investigations and taken legal action against various programs aimed at reducing racial inequities. Examples include:
- Justice Department probes into efforts to increase the number of teachers of color in Rhode Island and Iowa.
- The termination of grants for teacher training or mental health support when applications referenced diversity in recruitment.
- Withholding over $20 million from Chicago Public Schools for refusing to end its Black Student Success Program, which focused on advanced coursework access and discipline reform for Black students.
In the Los Angeles Unified School District, the Black Student Achievement Plan — created after the 2020 murder of George Floyd — provides additional teachers, counselors, and Black history curriculum to targeted schools. The district initially factored in Black enrollment but later shifted to race-neutral criteria such as absenteeism and low test scores. Despite earlier clearance by the Education Department in 2024, a renewed complaint from the conservative group Defending Education led to a new investigation in 2026.
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**Broader Policy Changes**
The administration has also moved to release districts from long-standing court-ordered desegregation plans, calling them outdated. It has withdrawn funding from some diversity-focused magnet school programs and discouraged race-conscious initiatives, citing the Supreme Court’s 2023 affirmative action ruling in college admissions. Although that decision applied specifically to higher education, federal guidance has interpreted it more broadly for K-12 schools.
In another Los Angeles case, the Justice Department joined a lawsuit challenging the district’s PHBAO designation (“Predominantly Hispanic, Black, Asian or Other Non-Anglo” schools). This longstanding program, stemming from 1970s desegregation orders, provides smaller class sizes and extra parent engagement at schools where 70% or more of zoned students are students of color. Critics, including the 1776 Project Foundation, argue that it unconstitutionally discriminates against White students.
Civil rights attorneys like Mark Rosenbaum, who previously litigated desegregation cases in LA, contend that resources promised to high-needs schools after ending busing and other measures have not fully materialized.
**Department Response**
The Education Department states that its actions simply enforce the law against racial discrimination. Spokesperson Amelia Joy said, “Serving student needs and following the law are not irreconcilable mandates. Advocates and educators have no reason to stress if they abide by the law.”
The shift reflects a broader debate: whether targeted efforts to address persistent racial achievement gaps constitute necessary remediation or unlawful racial preferences. While data continue to show significant gaps in outcomes for Black students in many districts, the legal and policy approach to closing them is undergoing substantial revision.