The federal District Court in the District of Columbia (Tanya S. Chutkan) has preliminarily enjoined attempted cutbacks in programs to aid students from disadvantaged backgrounds overcome barriers to post-secondary education (the “TRIO programs”). The Department of Education had stopped the funds on the grounds that they violated the Administration’s statement that programs promoting diversity, equity and inclusion (“DEI”) are against the law.
Two separate cases were filed by the Council for Opportunity in Education (“COE”), a nonprofit organization whose members are comprised of more than 1,000 colleges, universities, and nonprofit community-based agencies that participate in one or more federal TRIO grant programs. The Court had earlier issued a temporary restraining Order to stop the Department’s actions in refusing to accept new applications and shutting off funds for continuing contracts.
The Court found that COE was likely to prevail on at least one of its several claims of violation of the Administrative Procedures Act, including that the denials of applications were arbitrary and capricious, and that the denials were vague and conclusory. The Court found that COE would suffer irreparable harm if the Department’s actions were not stopped and that the balance of equities favored the plaintiff. (Council for Opportunity in Education v. U.S. Department of Education, D. DC, No. 25-cv-03491, 1/16/26.)
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