The Hispanic Association of Colleges and Universities, represented by the civil rights organization LatinoJustice PRLDEF, recently filed a motion to intervene in a lawsuit that takes aim at Hispanic-serving institutions.

The lawsuit was brought against the U.S. Department of Education by the state of Tennessee and Students for Fair Admissions, the advocacy group whose lawsuits against Harvard and the University of North Carolina at Chapel Hill resulted in the U.S. Supreme Court ruling against affirmative action in college admissions. The lawsuit claims the federal designation for HSIs, which requires 25 percent Latino enrollment, is discriminatory and therefore unconstitutional.

HACU, an association representing HSIs, argued in its motion that it should become a party to the lawsuit to stand up for the constitutionality of the HSI program. The organization suggested the Education Department is unlikely to vigorously defend the federal designation while it’s in the process of dismantling itself.

Antonio R. Flores, president and CEO of HACU, said the lawsuit “directly undermines years of advocacy by our founding members that led the federal government to formally recognize HSIs in 1992.”

“The HSI program is a vital engine of educational excellence, workforce readiness and opportunity for all students attending these exemplary learning communities,” Flores said in a statement. “HACU joins in defending the policies and resources HSIs need to educate and serve 5.6 million students from all backgrounds nationwide.”