Federal Updates
In January 2025, the new leadership in Washington D.C., including the president and Congress, began rolling out memos, regulations, and executive orders that could have an impact on work being done at Michigan’s community and tribal colleges. Please keep in mind, interpretation and enforcement of these actions remains uncertain and may be affected by future court rulings. This page will be regularly updated with important information and resources.
As reference, the ACCT Now piece explains what an executive order is and gives an overview of President Trump's initial executive orders.
The following is an abbreviated list of President Trump's recent executive orders and memos that may or may not be of relevance to institutions of higher education. It is important to keep in mind that while President Trump's executive orders are in effect, departments and agencies still must issue public guidance detailing the implementation of such orders. Guidance from the departments and agencies would provide a clear view on the impact these executive orders would have on institutions and students.
Please note the resources listed below are intended for informational and educational purposes only and do not constitute legal advice.
Source: Improving Education Outcomes by Empowering Parents, States, and Communities (March 20, 2025)
Source: Fact Sheet: President Donald J. Trump Empowers Parents, States, and Communities to Improve Education Outcomes (March 20, 2025)
President Trump signed an Executive Order on the Administration’s goal to end the U.S. Department of Education, calling Secretary Linda McMahon the last Secretary of Education, and thus directing her to, within the extent of the law, facilitate the closure of the Department of Education (ED). The White House did acknowledge that a base level of operations would continue, including for all statutorily required programs such as Federal Student Aid. This order comes in the wake of ED enacting a reduction in force which downsized ED's staff by nearly 50 percent. Meanwhile, a complete closure of a cabinet level department requires Congressional action, which seems unlikely given the thin majorities in both chambers.
Key Resources:
Source: U.S. Department of Education Initiates Reduction in Force (March 11, 2025)
The Department of Education announced a major reduction in force (RIF), cutting nearly 50% of its workforce starting March 21. Secretary of Education Linda McMahon stated that the cuts aim to improve efficiency and accountability while ensuring resources are focused on students, parents, and teachers. Despite the staff reduction, the Department will continue managing key programs like student loans, Pell Grants, and special education funding. All divisions are affected with some undergoing significant reorganization. The Integrated Postsecondary Education Data System (IPEDS) has been affected by the reduction.
Source: Restoring Public Service Loan Forgiveness (March 7, 2025)
Source: Fact Sheet: President Donald J. Trump Restores Public Service Loan Forgiveness (March 7, 2025)
On Friday, President Trump signed the executive order titled "Restoring Public Service Loan Forgiveness." This directs the Secretary of Education to ensure that organizations engaging in activities deemed as illegal are excluded from eligibility in the Public Service Loan Forgiveness (PSLF) program. This order defines illegal activities as supporting violations of immigration laws, aiding terrorist organizations, facilitating sex reassignment for minors, permitting illegal discrimination, and engaging in disorderly conduct. Potentially, employees of such organizations would be disqualified for applying for student loan forgiveness under the PSLF program. Critics claim that non-profits are mission based organizations, thus this executive order is in violation free-speech.
Source: Dear Colleague Letter (Feb. 14)
Source: DOE FAQs (March 1)
Source: DOE Press Release on FAQs (March 1)
The Acting Assistant Secretary for the Department of Education’s Office of Civil Rights, Craig Trainor, published a Dear Colleague letter indicating that federal funding may be removed from institutions of primary, secondary, and post-secondary education that are found to violate the Department’s interpretation of federal civil rights law, including by promotion of diversity, equity, and inclusion (DEI) programs deemed to discriminate on the basis of race, color, or national origin.
Moreover, this letter cites the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard as evidence that racial preferences in college admissions is unlawful and expands this decision to prohibit the consideration of race in activities such as “hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”
Although not descriptive, the Department asserts that it plans to take steps to ensure compliance beginning 14 days after the publishing of the letter.
Finally, this letter does not suggest if it would make a distinction between funds given to programs and funds provided to individuals. It is unknown what the Trump administration plans for Pell Grant recipients attending higher education institutions that the administration deems to be incompliant.
Key Resources:
- College and University Professional Association for Human Resources Alert (March 3, 2025)
- Resources from AACC Webinar on Dear Colleague Letter (Feb. 24, 2025)
- Harvard Business Review “The Legal Landscape Around DEI Is Shifting. Your Messaging Should, Too.”
- Inside Higher Education “A Dear Colleague Letter in Defense of DEI”
- Chronicle of Higher Education “Hitting Pause on the ‘Dear Colleague Letter’ Opinion Editorial”
- Thompson Coburn, LLP Insights Blog “Nationwide Injunction Gives Institutions Reprieve From DEI Executive Orders But Not ED’s DCL”
- Saul Ewing, LLP Insights Blog “Department of Education’s February 14 Dear Colleague Letter on Title VI and Equal Protection: Overview, Open Issues, and Implications for Higher Education”
- State Attorneys General Memo on DEI Programs
- Tenenbaum Law Group, PLLC “DEI Initiatives in the Crosshairs of the Administration: What Nonprofits Need to Know to Mitigate Their Risk”
- Collective Impact Forum “Responding to Threats and Challenges Planning Tool”
- dotEDU Live podcast (ACE)
- AACC Article
- SHEEO Summary of Letter
- EducationCounsel Guidance
- College and University Professional Association for Human Resources Guidance
- Michigan Community College Risk Management Authority: Possible Conflicts with Elliot-Larsen Civil Rights Act
- ACE Letter to Department of Civil Rights, Feb. 25, 2025
- Preliminary Injunction and Opinion on Preliminary Injunction (NODOHE v. Donald J. Trump), Feb. 25, 2025
Source: Keeping Men Out of Women’s Sports (Feb. 5)
Source: Fact Sheet: President Donald J. Trump Protects Safety, Fairness, and Dignity in Women’s Sports (Feb. 5)
This executive order aims “to protect opportunities for women and girls to compete in safe and fair sports.” It asserts that men should not compete in women’s sports, citing fairness, safety, and biological differences. The order directs federal agencies to enforce Title IX of the Education Amendments Act, which mandates equal opportunities for women in education and athletics. It calls for actions to protect women’s sports from male participation and ensures that sports funding is rescinded from institutions that violate these principles. Furthermore, it seeks to establish consistent, sex-based policies across national and international sports organizations.
Source: Ending Radical And Wasteful Government DEI Programs And Preferencing (Jan. 20)
OMB and other federal agencies must take immediate action to terminate diversity, equity, and inclusion (DEI) programs in the federal government. Within 60 days, they must provide a report with the list of all federal employees, committees, programs, activities, services, and budgets related to DEI efforts. This could affect official designations indicating minority serving institutions.
Any federal funding used for DEI programs and services will likely be eliminated. Federal grants and funded programs will be audited for DEI language and intent and may be rescinded. Programs that specifically support identified student populations (e.g., TRIO, Upward Bound, etc.) may be impacted.
Source: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (Jan. 20)
Effectively immediately, federal data will only recognize “two sexes, male and female,” and individuals must be referred to by their sex and not by their gender identity. Federal agencies will no longer use the term “gender” to refer to biological sex, and government-issued identification documents will be required to reflect the holder’s sex.
Student records and data systems may require updates. Transgendered student protections in Title IX may be impacted.
Source: America First Policy Directive to the Secretary of State (Jan. 20)
This executive order directs the Department of State to align all policies and programs with an “America First” approach. International exchange and study abroad programs funded by the State Department may be affected.
Source: Protecting the Meaning and Value of American Citizenship (Jan. 20)
This executive order claims that the Fourteenth Amendment does not extend citizenship to all who were born on American soil as the Trump administration states that those who were born in the United States from one or more undocumented parent were not intended to be included in the Amendment language.
As a result, these individuals are not to receive United States federal documents recognizing American citizenship and the United States federal government is not to accept documents issued by State, local, or other governments that recognize United States citizenship to these individuals.
This executive order applies to persons born in the United States 30 days after this executive order was issued, January 20, 2025. Currently the federal courts have halted this order.
Institutions wanting to learn more about immigration status and higher education should include in their consultation the issue brief Immigration Related Campus Concerns from the American Council on Education.
Source: Protecting the American People Against Invasion (Jan. 20)
The Attorney General and Secretary of Homeland Security are required by this executive order to review federal contracts, grants, and agreements with organizations that provide services to illegal or removable aliens. Additionally, the Department of Homeland Security (DHS) has ended a policy protecting schools, hospitals, and churches from immigration enforcement, meaning these locations, including college campuses, will now be treated like any other in enforcement actions. The Department of Justice has also directed federal prosecutors to charge state or local officials who try to hinder federal immigration efforts.
Source: Executive Order: Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats (Jan. 20)
This executive order tightens vetting for all visa applicants, including F-1 and J-1 students, requiring the State and Homeland Security departments to ensure applicants don't have hostile attitudes toward U.S. institutions. This could lead to longer visa processing times and other potential effects.
Source: Initial Rescissions of Harmful Executive Orders and Actions (Jan. 20)
This single executive order overturned over 60 Biden era executive orders that promoted diversity, equity, and inclusion (DEI) efforts; advanced climate policies; and contradicted Trump’s vision for the American border. This order includes revoking former President Biden's executive orders that formed the multiple White House initiatives on advancing educational equity, excellence, and economic opportunity for Hispanics; Native Americans, Tribal Colleges and Universities; and Black Americans. Additionally, this executive order revoked the initiatives focused on Tribal Colleges and Universities and Hispanic Serving Institutions. Notably, the initiative focused on Historically Black Colleges and Universities (HBCUs) remain intact.
This executive order also overturned the Biden’s executive order 14021 of March 8, 2021, Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.
Source: Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 20)
This executive order states that diversity, equity, and inclusion (DEI) or diversity, equity, inclusion, and accessibility (DEIA) efforts have undermined U.S. civil-rights laws and have allowed sectors, including institutions of higher education to use "dangerous, demeaning, and immoral race- and sex-based preferences." Furthermore, the language of this executive order states that DEI and DEIA policies diminish individual merit and hard work.
This order mandates that federal departments and agencies "terminate discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements." Departments and agencies are also "to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities."
In addition, the terms of every federal contract or grant must include language that requires the recipient to agree that it is in compliance with all aspects of Federal anti-discrimination laws and to certify it does not run DEI programming.
Source: President's Council of Advisors on Science and Technology (Jan. 20)
This executive order establishes the President’s Council of Advisors on Science and Technology (PCAST) which consists of 24 members including the Assistant to the President for Science and Technology (APST) and the Special Advisor for AI & Crypto. The other 22 members are to be appointed by President Trump who represent sectors outside of the Federal Government.
PCAST is to provide the President with scientific and technical information needed to "inform public policy relating to the American economy, the American worker, national and homeland security, and other topics." In addition, one of PCAST's functions is to gather information "from a broad range of stakeholders, including the research community; the private sector; universities; national laboratories; State, local, and Tribal governments; foundations; and nonprofit organizations."
Source: Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs (Jan. 27)
Source: Rescission of M-25-13 (Jan. 29)
This update below was authored in the early afternoon of January 28, 2025 by ACCT. As of the evening of January 28th, the directive to pause federal assistance has undergone an administrative stay issued by a federal judge. This is set to expire on February 3, 2025 5PM, which means that the Trump administration cannot pause disbursement of funds for federal programs before that time. As of January 29th, the memorandum was rescinded.
Similar to presidential executive orders, memorandums (memos) also serve to manage the internal operations of the federal government. Unlike an executive order, a memo is an internal communication document which offers directives, requests, and information to agencies and departments. Since this is not a public facing document, though it is accessible to the public, memos oftentimes use jargon and acronyms the reader is expected to be familiar with; memos need not be drafted and issued directly by the president; and memos do not bear the burden of offering a “Budgetary Impact Statement.”
As reference, please review the ACCT Now piece which explains what an executive order is and gives an overview of President Trump's initial executive orders.
On January 27, 2025 the Office of Management and Budget (OMB) issued a memo to departments and agencies with the directive that starting on January 28, 2025 5:00PM, they are to put a pause on all federal financial assistance programs which include grants, loans, projects, or activities until February 10, 2025.
What is the stated purpose of this pause:
OMB has directed the heads of executive departments and agencies to pause all federal financial assistance programs so that each agency and department is able to identify and review programs which come into contradiction with President Trump’s executive orders. As the memo states, while not exhaustive, these include programing related to “financial assistance for foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal.”
What is exempt from this pause:
- The memo explicitly outlines Medicare and Social Security is to not be impacted by this directive.
- This directive does not apply to assistance given directly to individuals.
- Any programs that would not be in legal compliance should they be paused.
- Any exceptions OMB makes on a case-by-case basis.
- Federal Pell Grants and Federal loans from Title IV of the Higher Education Act. At this point it is unclear if other Title IV programs such as Federal Work Study and the Federal Supplemental Educational Opportunity Grant (SEOG) are also excluded from this pause.
Which activities are paused:
- Issuance of new awards.
- Issuance of Federal funds for open awards.
- And other relevant agency actions that may be implicated by the executive orders, until OMB has reviewed and provided guidance to agencies regarding the information they submit to OMB.
Activities that can take place during the pause:
- In addition to maintaining obligations as required by the law, Federal agencies may close out Federal awards. Closing out an award takes place when "all administrative actions and required work of the Federal award have been completed” or “when the recipient or subrecipient fails to complete the necessary administrative actions or the required work for an award."
Details to keep in mind:
- The language in the memo does allow senior political appointees to cancel awards seen as conflicting with the Trump administration’s priorities.
- The language of the memo does allow “oversight of Federal financial assistance programs and initiate investigations when warranted to identify underperforming recipients, and address identified issues up to and including cancellation of awards.”
Which programs might be impacted as a result:
While not a complete list, these are programs that are expected to experience a pause in Federal assistance until February 10, 2025:
- All Title III and Title V of the Higher Education Act programs:
- Strengthening Institutions
- Strengthening Historically Black Colleges and Universities (HBCUs)
- Strengthening Hispanic Serving Institutions (HSIs)
- Strengthening Tribal Colleges and Universities (TCUs)
- Strengthening Asian American and Native American Pacific Islander-Serving Institutions (AANAPIAIs)
- Strengthening Predominantly Black Institutions (PBIs)
- Strengthening Alaska Native and Native Hawaiian-Serving Institutions
- Strengthening Native American-serving Nontribal Institutions
- Federal SEOG
- Federal Work Study
- Career and Technical Education (CTE) Career Education National Programs
- Adult Education Adult Basic & Literacy Grants
- Child Care Access Means Parents in School (CCAMPIS)
- Strengthening Community College Training Grants (SCCTG)
- TRIO Programs
- Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP)
- AmeriCorps
- Transition to and Postsecondary Programs for Students with Intellectual Disabilities
- Minority Science and Engineering Improvement
- Tribally Controlled Postsecondary and Vocational/Tech Institutions
- All Fund for the Improvement of Postsecondary Education (FIPSE) Grants:
- Basic Needs for Postsecondary Education
- Centers of Excellence for Veteran Student Success
- Open Textbook Pilot
- Postsecondary Student Success
- Rural Postsecondary and Economic Development Grant
- Transitioning Gang-Involved Youth to Higher Education
- Federal SEOG
- Migrant Education College Assistance Migrant Program
- American Indian Vocational Rehabilitation Services
- Language Resource Centers
- Tribally Controlled Postsecondary Career and Technical Institutions
- Native Hawaiian Career and Technical Education
- Traditionally Underserved Populations program
- Strengthening Community College Training Grants
- WIOA Adult Program
- National Farmworker Jobs Program
- Native American Employment and Training
- Reentry Employment Opportunities
- YouthBuild
- Registered Apprenticeship
- Women in Apprenticeship and Nontraditional Occupations
- USDA's Tribal Youth & Workforce Development
- USDA's Multicultural Scholars Grant Program
- USDA's Tribal Colleges Education Equity Grants
- USDA's Hispanic Serving Institutions Education Grants
- USDA's Women and Minorities in Science, Technology, Engineering, and Mathematics Fields program
- USDA's Student Internship Programs
- USDA's Tribal Colleges Extension Programs
- SNAP Employment & Training Program
- EDA’s Science, Technology, Engineering, and Mathematics (STEM) Talent Challenge
- Dept. of Commerce’s Regional Technology and Innovation Hubs
- Dept. of Commerce’s Educational Partnership Program
- Dept. of Energy’s National Nuclear Security Administration (NNSA) Minority Serving Institution Partnership Program
- Dept. if Interior’s Indian Adult Education
- Interior’s Assistance to Tribally Controlled Community Colleges and Universities
While not an executive order, President Trump's Acting Department of Homeland Security Secretary, Benjamine Huffman, has eliminated the acknowledgment of "sensitive locations" when conducting Immigration and Customs Enforcement (ICE) arrests of undocumented and non-citizen residents. This means that ICE agents can conduct raids and make arrests at institutions of primary, secondary, and postsecondary education, places of worship, and hospitals.
The Institute of Education Sciences Face DOGE Cuts (Feb. 13)
The independent research arm of the Department of Education, the Institute of Education Sciences (IES), received notification from the Department of Government Efficiency (DOGE) that many of its contracts are to be terminated. This development will end research that helps state and local governments in addition to institutions of education and educators understand a wide variety of education related topics, such as enrollment, achievement, and best instructional practices. The termination of these contracts includes projects that were in progress. Moreover, it is unclear what this development could mean for the ability to access existing research published online should IES research no longer be available.
Updated: 3/1/2025