Are the President's Actions About Public Schools Legal?

Since Inauguration Day, the Trump administration has attacked public education and inclusive policies, often in direct conflict with existing law.

Here is a deeper look at the legality of the Trump administration’s actions.

View past legal updates:

November 7, 2025
October 24, 2025
October 10, 2025
September 26, 2025
September 12, 2025

Legal Rundown PDF archive to March 27, 2025

November 7, 2025

Litigation Updates

District Court Blocks the Department of Education from Terminating School Mental Health Services Grants

On October 27, a Washington State district judge issued a preliminary injunction blocking the Department of Education (ED) from terminating $1 billion in funding for School-Based Mental Health Services (SBMH) grants in 15 states. The judge held that the Administration’s decision to cancel the grants was likely arbitrary and capricious in violation of the Administrative Procedure Act (APA). The judge also noted the concrete and imminent harm of the loss of critical mental health funding to schools, students, staff, parents, teachers, and graduate students hoping to enter various mental health professions. The injunction ensures continued SBMH funding to grantees in all plaintiff states except Nevada, where grant funding was set to expire before the effective date of the terminations.

District Court Blocks the Department of Health and Human Services from Removing “Gender Ideology” from Program Materials

On October 27, an Oregon district judge issued a preliminary injunction preventing the Department of Health and Human Services (HHS) from requiring that 16 plaintiff states and D.C. remove all references to gender identity from federally-funded sex education program materials in order for them to remain eligible for grants. The court found that the new condition likely violated the U.S. Constitution’s Spending and Appropriations Clauses and separation of powers principles, the APA, and state and federal civil rights laws. The judge characterized HHS’s claim that the requirement was meant to facilitate “medical accuracy” as “absurd,” “unavailing,” and a pretext for discrimination against transgender and gender nonconforming individuals.

District Court Blocks Trump Administration from Shutdown-Related Layoffs

On October 28, a California district judge issued a preliminary injunction, further blocking the Trump Administration from laying off federal employees amid the ongoing government shutdown. The court found that shutdown-related RIFs at ED and other agencies were arbitrary and capricious, contrary to law, in violation of the APA, and in excess of executive authority. The judge had previously granted a temporary restraining order against the RIFs on similar grounds.

District Court Orders Trump Administration to Fund SNAP During Government Shutdown

On October 31, a district judge in Rhode Island issued a temporary restraining order requiring the Department of Agriculture (USDA) to use contingency funds to support the Supplemental Nutrition Assistance Program (SNAP) during the government shutdown, finding that the program’s statutes obligate the federal government to do so. That same day, a Massachusetts district judge also found that a coalition of states was likely to succeed on similar claims but held their TRO motion under advisement, directing the Trump Administration to reconsider authorizing at least partial November SNAP benefits. In response, USDA released some, but not all, of the contingency funds and authorized SNAP benefits for this month at reduced levels. The Rhode Island district judge has now ordered the Administration to release full SNAP benefits by November 7.

SCOTUS Allows Trump to End Policy of Self-Identifying Gender on Passports

On November 6, in a 6-3 decision, the U.S. Supreme Court (SCOTUS) issued a brief, unsigned order permitting the Trump Administration to reverse a Biden policy that allowed transgender passport applicants to choose male, female, or "X" as gender markers and instead restrict sex designations based on sex assigned at birth. In the order, SCOTUS argued that the reversal “no more offends equal protection principles than displaying their country of birth,” as “the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.” The passport case marks the 22nd time that SCOTUS has granted an emergency request filed by the Administration via the shadow docket.

Recent Executive Actions Impacting Education

Narrowing Employer Eligibility for Public Student Loan Forgiveness

On October 31, ED published its final rule that narrows employer eligibility for the Public Service Loan Forgiveness (PSLF) program in response to a March executive order. Employers could be disqualified if they engage in a broad range of activities that the Secretary of Education deems to have a “substantial illegal purpose,” such as providing gender-affirming care, running DEI programs, supporting “terrorists,” or assisting undocumented immigrants. Schools and universities are among those at risk of having their eligibility jeopardized. The new rule takes effect on July 1, 2026.

Discontinuing Teacher Pre-Service Training Grants

On November 4, it came to light that the Department of Education recently sent non-continuation notices to 10 universities participating in the Augustus F. Hawkins Centers of Excellence grant program, canceling at least $20 million in funding that those institutions were slated to receive between now and September 2029. The Hawkins Program, authorized under the Higher Education Act of 1965, supports teacher-preparation initiatives at Historically Black Colleges and Universities (HBCUs), Tribal Colleges and Universities (TCUs), and other Minority Serving Institutions (MSIs). ED justified the cancelations by saying that the universities’ grant applications promoted disfavored “DEI activities” that the Administration considers unlawful.

October 24, 2025

Litigation Updates

SCOTUS Term Starting — What's on the Table for Education

The new U.S. Supreme Court term began on October 6. The Court is set to decide cases impacting presidential power, voting rights, and other issues affecting educators and students. These include three cases affecting LGBTQIA+ rights, in which the Court will determine (1) whether banning transgender girls from participating on public school sports teams violates Title IX and the Equal Protection Clause (Hecox v. Little and West Virginia v. B.P.J.) and (2) whether banning conversion therapy for minors violates the First Amendment rights of counselors (Chiles v. Salazar). The Court has declined to hear a case brought by parents challenging a Colorado school district’s policies that allegedly discourage staff from disclosing students’ gender identity or sexual orientation to parents. The Supreme Court is still considering other petitions for certiorari (requests for the high court to hear cases decided by the lower courts), including in two cases where the government is seeking review of decisions by the Ninth Circuit and the District of New Hampshire that found Trump’s executive orders purporting to endbirthright citizenship for children of undocumented immigrants unlawful.

District Judge Declares DODEA Book Ban Unlawful

On October 20, a Virginia district court judge granted a preliminary injunction ordering the Department of Defense (DOD) to return nearly 600 censored books about gender and race back on the shelves of five Department of Defense Education Activity (DODEA) school libraries. The preliminary injunction also prohibits DOD from enforcing Trump's “Ending Radical Indoctrination” EO and related DOD memoranda in the five schools by ordering teachers to cancel lesson plans and events that highlight the experiences of underrepresented groups (such as Black History Month, Women's History Month, and Asian American and Pacific Islander Heritage Month celebrations). NEA and FEA filed an amicus brief in support of the preliminary injunction motion. The Trump Administration is expected to appeal.

Department of Education to Resume Student Loan Forgiveness Following AFT Lawsuit

On October 17, the Department of Education (ED) agreed to resolve a class action lawsuit by the American Federation of Teachers (AFT) and individuals with student debt, which argued that ED unlawfully refused to grant eligible student loan borrowers relief under loan forgiveness programs. Under the agreement, ED will resume processing loan cancellation requests from borrowers enrolled in certain Income-Driven Repayment plans and take steps to shield borrowers from looming tax liability associated with having their student loans discharged. On October 23, the court accepted the settlement agreement.

NYC Board of Education Sues ED Over Grant Discontinuations

On October 15, the New York City Board of Education filed a lawsuit challenging ED’s decision to discontinue over $47 million in multiyear grant funding for 19 magnet schools. The decision was based on the Board’s trans-inclusive bathroom and athletics policies, which ED claims violate Title IX. The lawsuit argues that ED did not follow the proper procedures for discontinuing grants under Title IX and ED statutes and regulations, impermissibly adopted a new and incorrect interpretation of Title IX, and acted arbitrarily and capriciously. The Board’s motion for a preliminary injunction is pending.

U.S. Chamber of Commerce Sues Trump Administration Over H-1B Visa Fee

On October 16, the U.S. Chamber of Commerce filed a lawsuit challenging Trump’s Presidential Proclamation that places a $100,000 fee on all new H-1B employment visa applications. The lawsuit alleges that the fee requirement violates the Immigration and Nationality Act.

Recent Executive Actions Impacting Education

Cutting Hundreds of Education Department Staff Amid Government Shutdown

On October 10, amid the ongoing government shutdown, ED sent reduction-in-force (RIF) notices to 465 employees, including staff in statutorily created offices such as the Office for Civil Rights (OCR), the Office of Postsecondary Education, the Office of Elementary and Secondary Education, and the Office of Special Education and Rehabilitative Services. The RIFs affect nearly all staff assigned to major formula grant programs, including grants awarded to states under Title I and the Individuals with Disabilities Education Act (IDEA), and higher education grant programs that support college access (like GEAR UP and TRIO) and provide institutional aid. Four days later, ED informed 250 OCR employees — who had been laid off as part of an earlier mass RIF, which a federal appeals court recently permitted ED to resume — that they would be fired once again. The combined effect of the OCR RIFs is to eliminate 10 of OCR’s 12 regional offices. In all, ED stands to lose an additional 30% of its remaining staff by the end of the year, leaving it with fewer than 2,000 employees.

Continuing to Pressure Universities to Adopt Administration-Aligned Policies

The October 20 deadline for nine universities to sign the Trump Administration’s “Compact for Academic Excellence in Higher Education” — offering preferential treatment for federal grant selection in exchange for adopting policies that align with the Administration’s views — has passed. No university has signed the agreement, with seven of the nine rejecting the proposal outright. Trump has since extended the offer to sign the Compact to all higher education institutions. Meanwhile, the Administration has continued to extract concessions similar to the Compact’s terms in exchange for settling pending civil rights investigations. For instance, despite rejecting the Compact, the University of Virginia (UVA) entered a settlement with the Department of Justice (DOJ) on October 22 that will pause five pending Title VI investigations into UVA’s DEI programs, admissions policies, and alleged failure to address antisemitism. In return, UVA agreed to comply with a nonbinding DOJ memorandum (which incorrectly claims the use of federal funding for lawful DEI initiatives violates federal civil rights laws) and to “not engage in unlawful racial discrimination in its university programming, admissions, hiring, or other activities.”

October 10, 2025

Recent Executive Actions Impacting Education

Suspending ED Operations and Legal Proceedings Amid Government Shutdown

On October 1, the U.S. government shut down as Congress failed to appropriate funds for the new fiscal year. Consequently, thousands of federal workers have been furloughed, including nearly 2,500 employees at the Department of Education (ED) — or about 87% of ED’s remaining workforce. While many core ED functions remain in operation (including the disbursement of student financial aid and Title I and IDEA funds), civil rights investigations and new grantmaking are on hold. Many of the lawsuits against ED have also been stayed pending appropriations, as most Department of Justice attorneys have been furloughed. Amid the shutdown, the Trump Administration has threatened the mass firing of federal workers and claims that furloughed employees are not entitled to backpay.

Coercing Universities to Accept Education Compact or Risk Losing Federal Benefits

On October 1, the Trump Administration sent letters to nine universities demanding that they enter into a “Compact for Academic Excellence in Higher Education” to, among other things, receive preferential treatment in federal grants and avoid losing access to federal student financial aid and tax-exempt status. The Compact requires institutions to ban race- or sex-based considerations in admissions and hiring; eliminate “buildings, spaces, scholarships, programming, and other university resources” restricted to members of certain racial or ethnic groups; cap international undergraduate enrollment at 15%; and adopt restrictive definitions of gender. It also demands that colleges restrict employee speech on societal and political events, change governance structures to prohibit anything that would “punish, belittle,” or “spark violence against conservative ideas,” and “commit to using lawful force . . . to prevent these violations and to swift, serious, and consistent sanctions for those who commit them.” Today, MIT became the first university to reject the proposed Compact.

Increasing Grant Funding for Civics Programs Promoting a “Patriotic Education”

On September 29, the Department of Education awarded $153 million in new “American history and civics seminars” grants to 85 institutions — more than triple the previous cycle — by shifting millions in appropriated funds for teacher training grants that it terminated last February. The awards align with ED’s proposed priority to preference projects that advance the “American political tradition” (which emphasizes “the influence of Western Civilization” and “the role of faith”) via a “patriotic education” — or one that presents a “unifying, inspiring, and ennobling characterization of the American founding and foundational principles.”

Removing Hotspots and School Bus Wi-Fi from E-Rate Eligibility

On September 30th, the Federal Communications Commission (FCC) voted 2-1 to issue a declaratory ruling removing internet hotspots and school bus Wi-Fi from eligibility for the federal E-Rate program. This decision reverses a Biden-era expansion that allowed schools to receive E- Rate discounts on these services. The E-Rate program has provided billions of dollars in discounts to more than 106,000 schools since 2022, expanding access to broadband products and services for students nationwide.

Litigation Updates

District Judge Affirms that First Amendment Protections Apply to Noncitizens

On September 30, a Massachusetts district court judge ruled that the Trump Administration’s efforts to detain and deport international students, who joined pro-Palestinian protests, violated their constitutional rights. The court affirmed that lawfully present noncitizens are unequivocally entitled to the same First Amendment protections as citizens. The court found that the Departments of State and Homeland Security violated the First Amendment by “deliberately and with purposeful aforethought” coordinating to “intentionally chill the rights to freedom of speech and peacefully to assemble” of the plaintiffs. The court also held that the Administration’s reversal of the agencies’ prior enforcement policy was arbitrary and capricious under the APA.

Appeals Court Allows ED OCR Cuts to Proceed

On September 30, the 1st U.S. Circuit Court of Appeals permitted ED to proceed with firing half of its Office for Civil Rights (OCR). The ruling came in response to a motion by the Trump Administration for an emergency stay pending appeal of a district court’s preliminary injunction blocking ED from carrying out the RIF. The appeals court said it could not “conclude that this case differs enough” from New York v. McMahon (in which the U.S. Supreme Court blocked a preliminary injunction directing ED to restore all laid-off staff across the agency) to allow the district court’s injunction to take effect.

Federal Union Sues ED Over Partisan Out of Office Messages

On October 3, the American Federation of Government Employees filed suit against ED for altering furloughed employees’ out-of-office email messages without their consent to include partisan language blaming “Democrats” and the “Radical Left” for the government shutdown. Plaintiffs allege that this violates the First Amendment’s prohibition on government-compelled speech as well as the Hatch Act, which prohibits federal employees from engaging in partisan speech while on duty.

Union Coalition Sues Trump Administration Over H-1B Fee

On October 3, a coalition of unions, higher education professionals, and religious organizations filed a lawsuit challenging Trump’s Presidential Proclamation that requires a $100,000 payment for any new H-1B employment visa. Plaintiffs allege the action exceeds executive authority under the Immigration and Nationality Act and violates the APA.

States Sue HHS Over Removal of “Gender Ideology” from Sex Education Materials

On September 26th, 16 states and D.C. filed a lawsuit against the Department of Health and Human Services (HHS) for demanding that the states remove all references to “gender ideology” from applications for sex education grants, or else risk losing federal funding. Plaintiffs allege that HHS’s actions violate statutory requirements that federally funded sexual health education be “medically accurate and complete,” "culturally appropriate,” and “provided in the appropriate ‘cultural context.’” The complaint raises claims under the APA, the Spending Clause, and separation of powers principles.

September 26, 2025

Litigation Updates

NEA Victory: Appeals Court Upholds Collective Bargaining Rights of Federal Workers

On September 25, in a 2-to-1 decision, the D.C. Circuit Court of Appeals rejected the government’s request for a stay pending its appeal of a district court’s preliminary injunction which blocks the Trump Administration from enforcing a March executive order stripping collective bargaining protections from most of the federal workforce, as applied to FEA-represented educators working in Department of Defense schools around the globe. The per curiam decision faulted the Trump Administration for its failure to make “a meaningful attempt” to show that the government would suffer any imminent irreparable harm if the injunction took effect while its appeal moves forward. The lawsuit was filed by NEA on behalf of the Federal Education Association and other federal educator unions.

District Courts Block Trump Immigration Status Policy for Federal Benefits Programs

On September 10, a Rhode Island district judge issued a preliminary injunction halting the Trump Administration’s effort to restrict federal benefits like Head Start, adult education, and career training to verified U.S. citizens and immigrants with legal status. The court criticized the “rushed” rollout, noting it would harm beneficiaries, the state plaintiffs, and eligibility verifiers. The order applies to 20 states and D.C., whose attorneys general sued the Administration. A Washington State district court issued a similar universal injunction against the policy the following day, blocking enforcement nationwide.

District Judge Allows Mass NSF Grant Terminations to Proceed

On September 10, a D.C. district judge declined to restore over $1 billion in federal grants awarded by the National Science Foundation (NSF) for programs aimed at increasing the participation of underrepresented groups in science and engineering, which were terminated because they were related to diversity, equity and inclusion policies disfavored by the Administration. The court ruled that it lacked jurisdiction to temporarily reinstate the funding and that the plaintiffs failed to demonstrate “irreparable harm” from NSF’s new grant policies. The judge cited in part a recent U.S. Supreme Court ruling that universities and researchers facing mass federal funding cuts must pursue their claims to recover grant awards in the Court of Federal Claims, a separate federal court that handles monetary and contractual disputes with the U.S. government.

Appeals Court Lets Federal RIFs Continue

On September 19, the 9th Circuit Court of Appeals vacated a California district court’s preliminary injunction that prevented the Trump Administration from implementing sweeping, agency-wide reductions in force and reorganizations under a February EO. The lawsuit, filed by six federal employee unions (including the American Federation of Government Employees), nonprofit organizations, and local governments, was remanded for further proceedings in light of the U.S. Supreme Court’s stay order and decision in Trump v. Casa, which limits the power of district courts to issue nationwide injunctions.

District Judge Strikes Down National Endowment for the Arts’ "Gender Ideology” Policy

 September 19, a Rhode Island district judge partially enjoined the National Endowment for the Arts from applying a viewpoint-based standard in reviewing grant applications which would disfavor applications deemed “to promote gender ideology.” The standard was meant to align with Trump’s January “Gender Ideology ” EO. The court found that the plaintiffs had proven their First Amendment and APA claims but rejected their Fifth Amendment vagueness challenge, noting the policy was adopted after the plaintiffs had submitted their grant applications and did not expand the agency’s discretion to decide which grant applications to fund.

District Court Orders University of California Funding to be Restored

On September 22, a California district judge issued a second preliminary injunction requiring the National Institutes of Health, the Department of Transportation, and the Department of Defense to release more than $500 million in terminated research grants awarded to researchers across the University of California system. The court found that the terminations violated the APA and noted that the Administration did not provide grant-specific rationales for the cancellations that considered the reliance interests of grantees and their institutions. The judge had previously enjoined the termination of grants awarded to UC researchers by the EPA, NSF, and National Endowment for the Humanities on the same grounds. A similar lawsuit filed on September 16 by a coalition of 19 education unions and faculty associations, arguing that the Administration’s actions violate the First, Fifth, and Tenth Amendments, the Spending Clause, and the APA, has been designated as related.

Kentucky Agrees to End In-State Tuition Policy for Undocumented Students

On September 22, Kentucky became the third state to agree to end its policy allowing undocumented students to pay in-state tuition at public colleges and universities, in response to a suit filed by the Department of Justice (DOJ) back in June. The suit claimed that Kentucky’s policy violates a federal statutory provision by granting benefits to undocumented students that are not available to out-of-state U.S. citizens. Texas and Oklahoma both agreed to end their policies in consent judgments that quickly closed their cases, while cases in Minnesota and Illinois are still pending. Kentucky Students for Affordable Tuition has filed a motion to intervene, but the court has yet to rule on that request.

AFT Sues ED Over Student Loan Forgiveness Delays

On September 9, the American Federation of Teachers (AFT) filed a class action lawsuit arguing that ED has unlawfully denied student loan borrowers their rights to affordable repayment plans and loan forgiveness programs. AFT is seeking an injunction to cancel the debts of borrowers on income-driven repayment plans who have been in repayment for 20 or 25 years and force ED to process thousands of outstanding requests for the Public Service Loan Forgiveness “Buyback” program.

DOJ Challenges Rhode Island Loan Forgiveness Program for Educators of Color

On September 16, DOJ filed a lawsuit against the Rhode Island Department of Education and the Providence Public School District over a program funded by a non-profit organization that provides up to $25,000 in student loan forgiveness to new teachers of color in Providence. Arguing that the program violates Title VII because it excludes white teachers, DOJ seeks a permanent injunction stopping the program’s implementation and an award of equal loan forgiveness to “non-minority new . . . teachers who were not eligible for the Program on the basis of race.”

Recent Executive Actions Impacting Education

Rerouting Education Grants to Charter Schools, Civics Education, and HBCUs

On September 15, the U.S. Department of Education (ED) announced its plans to redirect millions of federal dollars from grant programs it deems “ineffective and discriminatory.” According to the New York Times:

• ED will award an additional $60 million in grants to charter schools, bringing the total to $500 million. To fund the increase, the Administration terminated $15 million in grants for magnet schools, $9 million in grants for gifted and talented programs, and $31 million awarded through the Ready to Learn program, which funded PBS shows for young children.
• ED will award an additional $137 million in grants to support American history and civics education, bringing the total to $160 million. To fund the increase, the Administration terminated nearly $140 million in grants previously awarded through congressionally created and funded teacher training programs that, it claims, promoted “divisive ideology.”
• ED will provide an additional, one-time grant of $435 million to Historically Black Colleges and Universities (HBCUs) and $60 million to Tribally Controlled Colleges and Universities (TCCUs). To fund the increase, the Administration defunded programs that award grants to Minority Serving Institutions (MSIs), for which Congress had appropriated $350 million.

Advancing a “Patriotic Education”

On September 17, ED published a proposed priority for forthcoming grant competitions, which would require successful applicants for ED- funded grants to demonstrate their commitment to promoting “patriotic education” — or civics programs that present “an accurate, honest, unifying, inspiring, and ennobling characterization of the American founding and foundational principles.” That same day, ED launched the America 250 Civics Coalition, a group of 40+ conservative organizations (including Turning Point USA, Moms for Liberty, and PragerU) tasked with “renewing patriotism” and “advancing a shared understanding of America’s founding principles” by developing educational programming consistent with the Administration’s understanding of American history. The move comes after ED cut nearly 75% of federal American History and Civics grants slated for renewal this year, seemingly targeting programs teaching topics such as Black, Mexican, and LGBTQ+ history on the grounds that these projects do not align with the Administration’s commitment to “merit, fairness, and excellence.”

Imposing Greater Financial Oversight on Harvard University

On September 19, ED’s Office of Federal Student Aid (FSA) placed Harvard on heightened cash monitoring, a status typically reserved for financially unstable institutions, and demanded that the University provide a $36 million bond or other acceptable collateral. These steps will require Harvard to use its own funds to provide federal student aid to students and then seek reimbursement from FSA. ED cited three “triggering events” for the drastic measures: a Department of Health and Human Services finding that Harvard continues to permit alleged antisemitism on campus in violation of Title VI; claims that the University has not cooperated with ED’s ongoing investigation through its Office for Civil Rights; and Harvard’s issuance of $1 billion in bonds to offset its federal funding that was cut by the Administration.

Targeting Educators Over Criticism of Charlie Kirk

Since September 10, the Trump Administration and its allies have used the assassination of right-wing political activist Charlie Kirk to call for widespread repression of speech that is alleged to be critical of Kirk and his viewpoints. Educators across the country have faced scrutiny and, in some cases, suspensions or firings — often for social media posts — because of this political pressure. Calls by state officials for public employees to be reported for their off-duty speech have resulted in hundreds of complaints being filed in a handful of states. Far-right groups have fueled this effort with mass doxxing, including the now-removed site “Expose Charlie’s Murderers,” which posted personal information on more than 50,000 individuals accused of criticizing Kirk. Secretary of State Marco Rubio has also threatened that foreign visitors (including international students and educators) who post content critical of Kirk on social media could have their visas revoked.

On September 10, NEA and AFT joined a lawsuit seeking to reinstate longstanding Department of Homeland Security (DHS) guidance that restricted immigration arrests at certain “sensitive locations,” including schools, hospitals, courthouses, and churches. The lawsuit argues that DHS’s revocation of the guidance violates the First Amendment, the Religious Freedom Restoration Act, and the Administrative Procedure Act.

District Judge Declares Harvard Funding Freeze Unlawful

On September 3, a Massachusetts district judge ruled that the Trump Administration’s termination of Harvard University’s federal funding, allegedly to remedy antisemitism, was a “targeted, ideologically-motivated assault on this country’s premier universities” and violated the First Amendment, Title VI procedural requirements, and the Administrative Procedure Act. The Administration plans to appeal, but has begun to reinstate some of Harvard’s unlawfully canceled grants.

SCOTUS Rules Race Can Be Factor in Stopping Suspected Undocumented Immigrants

On September 8, the U.S. Supreme Court issued an unreasoned, unsigned emergency stay order that allows federal immigration officers to indiscriminately stop individuals who they believe may be undocumented based on factors like race, accent, location, or occupation. The 6-3 order lifts a district court’s temporary restraining order blocking such stops in the Los Angeles area. Justice Sotomayor, joined by Justices Kagan and Jackson, dissented, warning that the order creates “a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job.” The order is not a final decision in the case, which continues to be litigated in the lower courts.

Appeals Court Allows Mass Firings of Probationary Workers to Proceed

On September 8, the Fourth Circuit Court of Appeals vacated a preliminary injunction in a lawsuit brought by 19 states and D.C. that indefinitely barred the Trump Administration from terminating thousands of probationary federal employees. The court found that the plaintiff states’ monetary harms from the terminations were not sufficient to establish standing in the context of the “traditionally federal function” of managing the federal workforce and directed the district court to dismiss the case.

SCOTUS Blocks Enforcement of South Carolina Trans Bathroom Ban (For Now)

On September 10, the U.S. Supreme Court issued a brief, unsigned order denying South Carolina’s request for an emergency stay of an injunction preventing the state from enforcing its transgender bathroom ban in schools pending appeal. The Court emphasized that it was not weighing in on the underlying merits but simply applying “the standards applicable for obtaining emergency relief,” such as whether the state would be permanently harmed if the lower court’s ruling were not put on hold.

District Judge Dismisses Virginia Schools’ Lawsuit Defending Trans-Inclusive Policy

On September 5, a Virginia district judge dismissed a lawsuit challenging the Department of Education’s (ED) decision to put two Virginia public school districts on “high-risk status” (subjecting them to additional monitoring requirements and putting them at risk of losing their federal funding) because they allow transgender students to use facilities that correspond to their gender identity. Embracing an extremely broad view of recent decisions finding that the federal Tucker Act requires recipients of federal funding who challenge the termination of funding awards to bring suit in the Court of Federal Claims, the judge found that the district court “lacks subject matter jurisdiction” to require the government to restore or prevent it from freezing funds.

District Judge Blocks Trump Administration’s Transgender Passport Restrictions

On September 9, a Maryland district judge granted a preliminary injunction to six transgender individuals who, under a Trump Administration policy, were denied passports matching their gender identity. The court ruled that the policy violates the Fifth Amendment’s equal protection guarantee, as it did “not serve an important governmental interest that is exceedingly persuasive” and “the discriminatory means employed are not substantially related to the achievement of those objectives.” The court declined to reach the other constitutional and statutory claims, finding that the equal protection claim was sufficient to grant the injunction. Five days earlier, the 1st U.S. Circuit Court of Appeals also upheld a Massachusetts district court injunction barring the Department of State from enforcing the policy.

DOJ Sues Illinois Over In-State Tuition for Undocumented Students

On September 2, the Department of Justice (DOJ) filed a lawsuit claiming that Illinois’ policy allowing undocumented students to pay in-state tuition at public colleges and universities is unlawful. Illinois is the fifth state the DOJ has sued for having such a policy; Texas and Oklahoma both agreed to end their policies in consent judgments that quickly closed the cases, while cases in Kentucky and Minnesota are still pending.

Federal Union Sues Trump Administration Over Anti-Collective Bargaining EOs

On September 3, the National Treasury Employees Union filed a lawsuit that seeks to block two EOs purporting to strip federal employees in the U.S. Patent and Trademark Office of their collective bargaining rights. The Union argues that federal law expressly protects these rights, subject to a statutory national security exception that does not apply, and the EOs’ reliance on the exception is a pretext for retaliation against the Union for First Amendment-protected speech.

District Judge Slams DOJ’s Mishandling of D.C. Prosecutions Under Trump

On September 4, D.D.C. Magistrate Judge Zia Faruqui sharply criticized DOJ’s handling of criminal cases during the federal takeover of Washington, D.C. At a hearing, he warned that the nation is “past the point of constitutional crisis,” likening the Administration’s actions to “playing cops and robbers, like children.” Faruqui condemned DOJ’s repeated “misfires” in its attempt to prosecute people in D.C., saying it operates under a “we’ll arrest people… then see what happens” approach, resulting in multiple failed indictments.

Recent Executive Actions Impacting Education

Moving Adult Education Programs from ED to DOL

On September 8, in its latest step towards dismantling the Department of Education, the Trump Administration announced the creation of a new integrated “state plan portal” that will allow the Department of Labor (DOL) and ED to jointly administer adult education programs created by the Workforce Innovation and Opportunity Act (WIOA). The funding and staffing for these programs will be transferred to DOL under an Interagency Agreement (IAA) signed by both Departments on May 21. Experts in higher education and career and technical education have warned that shifting WIOA programs to DOL will reduce their quality, introduce confusion, and further diminish ED.

Proposing Four-Year Cap on International Student Visas

On August 28, DHS published a proposed rule that would limit F-1 and J-visas held by international students, short-term educators, and researchers to four years and require F-1 and J-visa holders to seek extensions and undergo “regular assessments” by DHS to remain beyond the four-year cap. Currently, F-1 and J-visa holders can remain for the duration of their studies, a policy especially important for doctoral candidates whose programs often exceed four years. Public comment on the proposed rule is open until September 29.

With the new federal fiscal year starting on October 1, the Trump Administration is blocking the distribution of more than $410 billion in Congressionally appropriated funding, including over $2.3 billion in education funding. Reports indicate that ED has unlawfully withheld funds owed to recipients of grants under multiple programs, including programs to fund magnet schools, strengthen parent-school engagement, expand parent and family education regarding rights under the IDEA, and train educators to support English learners and students with visual and hearing impairments. ED has targeted for cancellation and withholding programs and grants alleged to promote disfavored “DEI activities” the Administration considers unlawful, including:

• $350 million appropriated for seven distinct grant programs or Minority Serving Institutions
• At least two dozen multiy ear TRIO grants, representing a combined $13 million
• 25 grants totaling $14.8 million for special educator development and technical assistance
• More than a dozen Child Care Access Means Parents in Schools grants
• $20 million in overdue GEAR UP funding that has yet to be paid to four states and D.C.

In addition, Congressional Democrats report that ED has frozen or cancelled over $1.3 billion appropriated to fund grants and contracts that the Administration terminated earlier this year without announcing any plans to recompete or otherwise use the money as intended by Congress.