The U.S. Department of Education’s Office for Civil Rights (OCR) recently launched investigations into five universities, including the University of Miami, to establish whether they are violating civil rights law by granting scholarships solely to undocumented or Deferred Action for Childhood Arrivals (DACA) students.
The Department of Education's inquiry is based on complaints alleging national origin discrimination. The other schools named in the complaint are the University of Louisville, the University of Nebraska Omaha, the University of Michigan, and Western Michigan University.
Specifically, the investigation will determine if such scholarships violate Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in programs receiving federal financial assistance
The complaints were filed by the Equal Protection Project of the Legal Insurrection Foundation, a group that strives for equal protection under the law, along with non-discrimination by the government of any kind.
"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,” Acting Assistant Secretary for Civil Rights Craig Trainor said in a release.
"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," Trainor added.
The following scholarships are mentioned in the complaint for allegedly granting unlawful exclusionary funding based on national origin:
- University of Louisville’s Sagar Patagundi Scholarship 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.”
- University of Miami’s U Dreamers Program for “academically talented and admissible [DACA] and undocumented high school seniors and transfer students.”
- University of Michigan’s Dreamer Scholarship "intended to support undocumented students or students with DACA status."
- 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.”
In addition, OCR will investigate other allegedly impermissible and exclusionary scholarships mentioned in the complaint, which include:
- 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."
- Western Michigan University’s Elissa Gatlin Endowed Scholarship for “African American, Native American, or Hispanic American” students.
“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.”
