Trump’s Executive Orders Impacting Higher Education

Trump’s Executive Orders Shift Higher Education Landscape

Overview

• The Trump administration has issued over two dozen executive orders (EOs) to reverse Biden-era policies and advance its priorities.

• Unlike the chaotic rollout in 2017, the administration appears more prepared this time, structuring policies to withstand court scrutiny with severability clauses.

• Executive orders cannot override existing law, so key programs and protections remain unless Congress acts.

Immigration and International Students

Increased Visa Restrictions and Vetting

• EO: “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats”

• Enhances vetting for all visa applicants, including F-1 and J-1 students.

• Directs the Departments of State and Homeland Security to ensure applicants do not bear hostile attitudes toward U.S. institutions.

• Ensures admitted aliens already in the U.S. do not advocate for, aid, or support designated foreign terrorists and other threats to national security.

• Could impact international students involved in campus protests.

Undocumented Students and Federal Funding

• EO: “Protecting the American People Against Invasion”

• Requires the attorney general and the secretary of homeland security to review contracts, grants, and agreements between the federal government and non-governmental organizations supporting or providing services to removable or illegal aliens.

• Could impact institutions that enroll undocumented students, operate legal aid clinics, or offer in-state tuition to undocumented individuals.

“America First” and International Programs

• The “America First Policy Directive to the Secretary of State” orders the Department of State to align all policies and programs with an “America First” approach.

• Could have implications for State Department-funded international exchange and study abroad programs.

DHS Rescinds “Sensitive Locations” Policy

• The Department of Homeland Security (DHS) rescinded a long-standing policy that identified schools, hospitals, and churches as “sensitive locations.”

• Immigration and Customs Enforcement will no longer treat these locations, including college campuses, any differently from other locations.

Aggressive Immigration Enforcement

• The Department of Justice has instructed federal prosecutors to pursue charges against state or local officials who attempt to thwart federal immigration enforcement efforts.

• Could have implications for campuses that identify as sanctuaries and institutions that provide legal services or other support to undocumented students.

Deferred Action for Childhood Arrivals (DACA)

• The administration has issued an EO attempting to limit birthright citizenship, which a federal judge has already blocked.

• The 5th U.S. Circuit Court of Appeals ruled that a Biden-era regulation intended to preserve DACA is unlawful, but the ruling has been stayed pending appeal.

• DACA renewals will continue to be processed, and new DACA applications can still be submitted, but they will not be processed.

• The ruling’s impact is currently limited to Texas.

• Future executive actions are expected targeting the program or those registered under DACA.

Diversity, Equity, Inclusion, and Accessibility

Banning DEI Efforts

• EO: “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”

• Bans DEI efforts across the federal government and places new requirements and restrictions on federal contractors and subcontractors.

Key Provisions

• Federal agencies are directed to eliminate race- and gender-focused programs.

• Redefines sex as strictly binary under federal law.

• Places all diversity staff on paid leave ahead of planned layoffs.

• Federal employees are urged to report any attempts to disguise DEI programs.

• Federal agencies are directed to inform grantees and contractors that they must cease and desist all DEI work related to the grant or contract.

Students for Fair Admissions v. Harvard University

• The Justice and Education departments are directed to prepare guidance within 120 days that identifies “the measures and practices required to comply” with the Students for Fair Admissions v. Harvard University case.

• This guidance is likely to identify practices outside of admissions for which race or ethnicity are considerations as illegal.

• The order seeks to identify up to nine institutions with endowments over 1 billion that it claims violate federal civil rights laws due to DEI policies.

Institutional Response

• Many institutions may feel compelled to “pre-comply” by scaling back DEI programs before the Department of Education issues guidance or begins enforcement actions.

• Campuses are encouraged to carefully assess their obligations and mission-driven commitments before making changes.

Title IX and Gender-Related Policies

Title IX Protections

• EO: “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”

• Takes aim at Title IX protections for transgender students, directing the attorney general to issue guidance stating that Title IX does not require gender identity-based access to single-sex spaces.

• Instructs the Department of Education to rescind its 2021 guidance that extended Title IX protections to include sexual orientation and gender identity.

• New rules on transgender student participation in athletics could be on the horizon.

Rolling Back Support for Minority-Serving Institutions (MSIs)

Rescinding Executive Orders

• EO: “Initial Rescissions of Harmful Executive Orders and Actions”

• Rescinds 78 Biden-era executive orders, including those that provided targeted support for Hispanic-Serving Institutions and Tribal Colleges and Universities.

• The administration eliminated the White House Initiative on Advancing Educational Equity Excellence and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities.

• The White House Initiative on HBCUs remains intact.

• Broader cuts to DEI funding could still have ripple effects on programs that support underrepresented students.

Sustainability and Environmental Programs

Repealing Environmental Policies

• Several executive orders repeal Biden-era environmental policies, including those that funded higher education sustainability and climate-related research initiatives.

• The initial rescission order also dissolves the White House Office of Domestic Climate Policy and ends the Justice40 Initiative.

• Justice40 Initiative provided environmental funding for HBCUs, MSIs, and other institutions serving underrepresented populations.

What’s Next?

• The first days of the Trump administration have ushered in sweeping policy changes, many of which will have long-term implications for colleges and universities.

• Executive orders provide a powerful tool for shaping federal policy, but their impact is far from settled.

• Legal challenges, congressional actions, and institutional responses will determine how these changes play out.

• Institutions will need to assess compliance obligations while remaining committed to their core missions of access, inclusion, and academic freedom.

• Colleges and universities must be prepared to adapt while continuing to advocate for policies that support students and institutions.