KNOXVILLE, Tenn. — Tennessee Attorney General Jonathan Skrmetti and the conservative group Students for Fair Admissions (SFFA) filed a federal lawsuit Wednesday targeting a U.S. Department of Education program that awards grants to universities where Hispanic students make up at least 25% of the enrollment.
The lawsuit argues that the Hispanic-Serving Institutions (HSI) Program is unconstitutional, claiming it discriminates based on race and ethnicity in violation of the Fifth Amendment’s equal-protection guarantees.
“A federal grant system that openly discriminates against students based on ethnicity isn’t just wrong and un-American — it’s unconstitutional,” Skrmetti said in a statement.
Background on the HSI Program
The HSI initiative was created under Titles III and V of the Higher Education Act to support institutions that serve significant Hispanic populations. It provides funding for things like:
- STEM tutoring programs
- Lab equipment
- Support for low-income students
In fiscal year 2024, Congress allocated $228.9 million to one part of the program, according to the lawsuit.
What the Lawsuit Argues
Filed in U.S. District Court in Knoxville (Case No. 3:25-cv-270), the suit claims:
- Tennessee schools are ineligible for the program despite serving Hispanic students, because they don’t hit the 25% enrollment threshold.
- The funding rules violate the Fifth Amendment’s equal-protection clause.
- The grant program is not a valid use of Congress’s spending power because it imposes race-based eligibility.
The suit draws heavily on the 2023 Supreme Court ruling that ended race-conscious admissions policies at universities like Harvard and UNC-Chapel Hill — a case brought by SFFA, the same group behind this new challenge.
A Broader Conservative Push
This latest legal challenge is part of a wider conservative effort — often aligned with former President Donald Trump’s policy priorities — to roll back federal programs associated with diversity, equity, and inclusion (DEI).
Edward Blum, founder of SFFA, has pursued numerous lawsuits aimed at eliminating racial considerations in education, corporate America, and government policy.
Legal Team and Case Details
- Case: State of Tennessee v. U.S. Department of Education, No. 3:25-cv-270
- Court: U.S. District Court for the Eastern District of Tennessee
- Plaintiffs’ attorneys:
- Thomas McCarthy & Cameron Norris (Consovoy McCarthy)
- Adam Mortara (Lawfair)
- Aaron Bernard (Tennessee AG’s office)
The U.S. Department of Education has not yet issued a response.
