Introduction: Trump’s Executive Order on DEI
On January 21, 2021, President Trump signed a groundbreaking executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” marking a bold move to reshape higher education in the U.S. The order aims to dismantle programs promoting Diversity, Equity, and Inclusion (DEI) in favor of individual merit and character. Unlike its predecessor, which primarily focused on ending government DEI programs, this order broadens the scope and holds school officials accountable for ensuring compliance. Trump’s directive also targets institutions receiving federal funding, aiming to end identity-based programs that may violate civil rights laws.
The Purpose of the Order
The first section of the executive order emphasizes the importance of merit and individual achievement over identity politics. It stresses that DEI policies violate federal civil rights laws and undermine national unity by promoting a divisive identity-based system. The order asserts that the American values of hard work, excellence, and individual initiative must be protected, ensuring that citizens are not stigmatized or shut out of opportunities based on characteristics like race or gender. This is a direct push to shift focus back to merit as the determining factor in opportunity, positioning DEI programs as discriminatory.
Policies and Programs Targeted
Section two of the executive order mandates the termination of all discriminatory policies, preferences, and mandates across executive agencies, reinforcing the commitment to a meritocratic system. It directs agencies to eliminate any activities, programs, or guidance that may be in violation of civil rights laws. This includes targeting both public and private sectors. The Department of Labor, for example, is prohibited from holding federal contractors accountable for implementing affirmative action or engaging in workforce balancing based on factors like race, sex, or sexual preference.
Accountability and Enforcement
A significant provision of the order is its enforcement mechanism. The third section requires federal agencies to include in every contract or grant a term demanding certification that contractors are not promoting illegal DEI programs. The inclusion of this certification is crucial because it places individual accountability on school administrators and contractors, ensuring that they cannot deflect responsibility onto committees or faceless bureaucrats. By requiring a signature under oath, this provision ensures that someone is held personally responsible if their institution fails to comply with the anti-DEI mandates. This approach is designed to eliminate the ability to hide behind bureaucratic structures and forces individuals to take responsibility for their actions.
Future Investigations and Guidance
The executive order also outlines steps to strengthen enforcement and increase accountability. The Attorney General, in consultation with other officials, is tasked with creating a plan to deter illegal DEI discrimination within 120 days. The plan will include civil compliance investigations, particularly targeting institutions with endowments over $1 billion. This ensures that wealthy universities, which often set the standard in higher education, are held to account for their DEI practices. Additionally, the SFFA decision of 2023, which bans racial preferences in university admissions, is emphasized, reinforcing the need for compliance with this landmark ruling. Schools must now align their admission practices with the law, further challenging the foundation of identity-based affirmative action programs.
Conclusion: The Road Ahead for Education Reform
President Trump’s executive order represents a bold step in reshaping higher education by eliminating discriminatory DEI policies and promoting a return to a system based on merit and individual effort. By requiring accountability at the individual level and pushing for strong enforcement actions, this order sets the stage for significant change. While the implementation and enforcement of these policies will be closely watched, the move is viewed as an attempt to depoliticize education, restoring excellence and fairness in American institutions. With powerful enforcement mechanisms and the threat of investigations into wealthy universities, the order signals a new era in the regulation of higher education policies.
