Trump administration abandons anti-DEI court battle, but 'damage has already been done'

The Trump administration has abandoned the legal defense of its campaign to strip federal funding from schools and colleges that promote diversity, equity and inclusion initiatives.

The administration formally dropped its appeal Wednesday in a filing with the U.S. Court of Appeals for the Fourth Circuit, leaving in place an August ruling from U.S. District Judge Stephanie Gallagher in Maryland.

A coalition of groups, including the American Federation of Teachers, challenged a “Dear Colleague” letter sent by the U.S. Department of Education in February, which targeted practices the administration said “toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism.’”

Gallagher said the federal government ran afoul of procedural requirements and violated the First Amendment with its letter, online portal to report discrimination, and other federal guidance.

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“The government did not merely remind educators that discrimination is illegal,” Gallagher wrote in her August order, “it initiated a sea change in how the Department of Education regulates educational practices and classroom conduct, causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished.”

The latest legal development is “a victory for California students and families,” said Christopher Nellum, executive director of EdTrust-West, a nonprofit advocacy group that aims to dismantle racial and economic barriers in California’s education systems.

“The evidence is clear: diversity, equity, and inclusion strategies expand access and help close opportunity gaps,” Nellum said in a statement to EdSource. “Federal funding threats aimed at dismantling these efforts undermine public education and harm the students who need support most.”

Educators and advocates said that over the last year, the Trump administration’s campaign against diversity, equity and inclusion initiatives had a major effect on the landscape of both TK-12 schools and higher education, even in California.

“The damage has already been done across the nation and even in California, where people think we’re impervious to the conservative backlash or right-wing movement,” said Royel Johnson, who leads the Race and Equity Center’s National Assessment of Collegiate Campus Climates at USC.

Back in February, Johnson and other advocates for DEI policies said the federal government’s guidance was not law and warned institutions from overreacting to the February 2025 “Dear Colleague” letter. Johnson has seen schools cut funding or staff to departments and programs focused on underserved groups. Some institutions have also scrubbed references to race, ethnicity, the LGBTQ community, diversity or equity in favor of something more general like community, Johnson noted, including his own employer, USC.

Some educational institutions in California made subtle changes over the last year. EdSource found that California State University institutions scrubbed some diversity buzzwords from their programs and websites. At Stanislaus State, for instance, “diversity” was dropped from events once called the Presidential Diversity Celebration Series. At CSU Monterey Bay, the Office of Inclusive Excellence became the Office of Community and Belonging.

Johnson says something is lost when schools drop “identity safety clues” from spaces and organizations that serve as a beacon to students who “have a tough time seeing themselves on campus.”

Some institutions were undeterred by federal and political pressure. Johnson points to Sacramento State as an institution that “doubled down” on its commitment to Black students and was among three colleges designated a California Black-Serving Institution. The Los Angeles Unified School District put more money into its Black Student Achievement Plan, despite being sued by a conservative group that called the program discriminatory.

The latest development is a legal victory that establishes support for the values of equity and inclusion, said John Rogers, a professor at UCLA’s School of Education and Information Studies. But he says the Trump administration’s tactics were successful in disrupting education over the last year.

“One of my concerns is that the strategy of the Trump administration is to disrupt and instigate a sense of conflict within local communities,” Rogers said.

He points to other actions taken by the Trump administration that have also been disruptive, such as canceling protections for schools against immigration enforcement or targeting policies that are aimed at supporting LGBTQ students, especially transgender students.

Johnson said that he hopes that schools and colleges can capitalize on this legal victory and stop self-censoring work under the banner of DEI that supports students and addresses the harms of the past. But he warns there will be more fights ahead.

“I hope folks can feel more emboldened today,” said Johnson. “It doesn’t mean more isn’t coming.”