Executive Orders on Race, Gender, and Citizenship

Ending Radical And Wasteful Government DEI Programs And Preferencing

• This Order does not apply to higher education broadly, although it will tangentially affect it.  Our recommendation is not to do anything at this point.
• The language of this order illustrates a level of sophistication that earlier Divisive Concept bills did not but focuses on Federal Offices.  It asserts policy and subsequent administrative actions that federal offices, to include those that fund higher education via grants, should take to “coordinate the termination of all discriminatory programs, including illegal DEI and “diversity, equity, inclusion, and accessibility” (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government, under whatever name they appear (emphasis ours).
• There may be some legal analysis on what constitutes a ‘discriminatory’ or ‘illegal’ programs, and our sector should watch this as courts get involved for strategy.
• What this EO shows, however, as Education4All has continuously warned, changing the names of offices, positions, programs, initiatives, etc. rests on the assumption that the words ‘Diversity, Equity, and Inclusion’ are the concerns of law makers.  This is not the case. The intention, not the name, of offices, positions, programs, and initiatives is what will lead federal termination of programs.
• As was suggested by Ed4All, terminational and elimination will be attempted through budgetary means.
• CDO positions in governmental agencies will be eliminated.
• This is a playbook that states will most likely follow. We recommend forming state-wide partnerships and using resources for institutional approach and culture provided on our website.

Lesson for the Sector:

• We are in a movement that is attacking DEI and institutional autonomy. It is not a moment.  Strategies like changing the names of offices and initiatives will not be the work-around .
• The public perception around DEI is disconnected from the intent of these bills.  The bills, in no uncertain terms, are meant to marginalize people from upward mobility that was more possible via DEI work on curriculum and outside of the classroom.
• This is a playbook that will be used at the state level.  See Project 2025 for how states will pick up where federal government does not.

Defending Women Against Gender Ideology Extremism by Reversing Efforts to Eradicate the Biological Reality of Sex

• The EO requires all forms, websites, offices, policies and procedures deny the concept of gender and instead rely on sex as the determinative factor in policy.
• Biden’s guidance in education matters related to sex and gender identity, they argue, was not based on constitutional law because the Supreme Court only expanded stronger civil rights protections to transgender workers than students.
• Title IX is reduced to sex.
• Recommendation: wait for guidance and also any challenges in courts.

Lesson for the Sector:

• Language matters—whether gender, sex, race, diversity, equity, and inclusion. 
• Rights for marginalized people continue to be taken away.

EOs Targeting Citizenship and Allow ICE on Campuses

Although ACLU and many states have joined in challenging the legality of these orders, students and families have already reported uncertainty of attending events for fear of ICE being present.  New procedures enacted permit officials on college campuses among other spaces that were once considered off-limits.  It is important to see how legal challenges impact institutional responses, but also important to know the new procedures.  We are looking into what possibilities they offer for institutional leaders.