The US Department of Education has opened investigations into five prominent universities over concerns that some of their scholarships may be unlawfully excluding American-born students. The Office for Civil Rights (OCR) is examining whether certain scholarships reserved exclusively for Deferred Action for Childhood Arrivals (DACA) or undocumented students violate Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on national origin.

The universities under scrutiny include the University of Louisville, the University of Nebraska Omaha, the University of Miami, the University of Michigan, and Western Michigan University. The investigations follow complaints filed by the Legal Insurrection Foundation’s Equal Protection Project, which alleges that the scholarships in question unlawfully restrict eligibility, thereby discriminating against US citizens.

Investigations focus on scholarships reserved for undocumented students
According to the complaints, the University of Louisville’s Sagar Patagundi Scholarship is designated for undergraduate DACA and undocumented students to subsidise the cost of higher education. The University of Nebraska Omaha’s Dreamer’s Pathway Scholarship targets DACA or DACA-eligible Nebraska residents seeking an undergraduate degree. Similarly, the University of Miami offers the U Dreamers Program to academically talented high school seniors and transfer students with DACA or undocumented status.

The University of Michigan provides the Dreamer Scholarship, which is intended to support undocumented students or those with DACA status. Western Michigan University also offers the WMU Undocumented/DACA Scholarship for undergraduate students who cannot receive federal student aid due to their undocumented or DACA status.

Acting Assistant Secretary for Civil Rights Craig Trainor stated, “Neither the Trump Administration’s America first policies nor the Civil Rights Act of 1964’s prohibition on national origin discrimination permit universities to deny our fellow citizens the opportunity to compete for scholarships because they were born in the United States.”

Further probes into scholarships based on race and colour
In addition to the scholarships focused on national origin, the OCR will examine other scholarships that allegedly exclude students based on race and colour, which could also violate Title VI. Examples include the University of Louisville’s Dawn Wilson Scholarship for undergraduate LGBTQ+ students of colour and the Louisville Tango Festival Scholarship for Latino/a/x and Hispanic students.The University of Nebraska Omaha’s HDR Scholarship reportedly gives preference to underrepresented minority students. Western Michigan University’s Elissa Gatlin Endowed Scholarship is designated for African American, Native American, or Hispanic American students.

William A. Jacobson, founder of the Equal Protection Project, remarked, “Protecting equal access to education includes protecting the rights of American-born students. Discrimination against American-born students must not be tolerated.” The Legal Insurrection Foundation’s Equal Protection Project initiated these complaints in order to ensure equal protection under the law and prevent government discrimination in any form.

The investigations mark a notable expansion of enforcement efforts under the current administration to address alleged discrimination in US higher education, emphasising the protection of American students and lawful residents from exclusionary scholarship practices.

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