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Home»Education»Trump’s Executive Orders Shift Higher Education Landscape
Education

Trump’s Executive Orders Shift Higher Education Landscape

January 27, 2025No Comments
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​With 28 executive orders (EOs) issued in the past week, the Trump administration has moved swiftly to reverse Biden-era policies and advance its own priorities—many of which carry significant implications for colleges and universities.Unlike the more chaotic rollout of executive orders in 2017, which faced widespread legal challenges and reversals, this time the administration appears more prepared. Many policies are structured to withstand court scrutiny, often including severability clauses so that if parts are struck down, other provisions remain in effect. But executive orders cannot override existing law, meaning that key programs and protections for students and institutions remain in place unless Congress acts.

For a summary of orders that impact higher education, click here. For a full discussion of the issues, listen to this week’s dotEDU Live: Navigating Trump’s First Week with Jon Fansmith, Mushtaq Gunja, and Sarah Spreitzer.

Immigration and International Students

Increased visa restrictions and vetting: The order “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” enhances and tightens vetting for all visa applicants, including F-1 and J-1 students. The order also directs the departments of State and Homeland Security to ensure that applicants “do not bear hostile attitudes” toward U.S. institutions and that “admitted aliens…already present in the United States…do not advocate for, aid, or support designated foreign terrorists and other threats to our national security.” These provisions could potentially impact international students involved in campus protests.

Undocumented students and federal funding: Another order, “Protecting the American People Against Invasion,” requires the attorney general and the secretary of homeland security to review contracts, grants, and agreements between the federal government and “non-governmental organizations supporting or providing services, either directly or indirectly, to removable or illegal aliens.” This directive could impact institutions that enroll undocumented students, operate legal aid clinics, or offer in-state tuition to undocumented individuals.

“America First” and international programs: The “America First Policy Directive to the Secretary of State“ orders the Department of State to align all policies and programs with an “America First” approach, which could have implications for State Department-funded international exchange and study abroad programs.

DHS rescinds “sensitive locations” policy: The Department of Homeland Security (DHS) rescinded a long-standing policy that identified schools, hospitals, and churches as “sensitive locations” and limited them from immigration enforcement actions. As a result, Immigration and Customs Enforcement will no longer treat these “sensitive locations,” including college campuses, any differently from other locations.

Aggressive immigration enforcement at the state and local level: The Department of Justice has instructed federal prosecutors to pursue charges against state or local officials who attempt to thwart federal immigration enforcement efforts, which could have implications for campuses that identify as sanctuaries and institutions that provide legal services or other support to undocumented students.

Deferred Action for Childhood Arrivals (DACA) and other immigration challenges: While DACA has not yet been directly addressed, the administration has issued an EO attempting to limit birthright citizenship—which a federal judge has already blocked.

At the same time, the 5th U.S. Circuit Court of Appeals ruled last week that a Biden-era regulation intended to preserve DACA is unlawful. However, the ruling has been stayed pending appeal, meaning that DACA renewals will continue to be processed by U.S. Citizenship and Immigration Services, and new DACA applications can still be submitted, but they will not be processed. The ruling’s impact is currently limited to Texas, rather than a nationwide injunction. More information about the ruling is available in Inside Higher Ed. Given Trump’s previous efforts to dismantle DACA, future executive actions are expected targeting the program or those registered under DACA.

To learn what institutions need to consider when strategizing how to support their immigrant and international students, see the new ACE issue brief, Immigration-Related Campus Concerns.

Diversity, Equity, Inclusion, and Accessibility

The executive order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” bans DEI efforts across the federal government and places new requirements and restrictions on federal contractors and subcontractors.

Key Provisions

  • Federal agencies are directed to eliminate race- and gender-focused programs, redefine sex as strictly binary under federal law, and place all diversity staff on paid leave ahead of planned layoffs.
  • Federal employees are urged to report any attempts to disguise DEI programs—signaling strict enforcement ahead.
  • Federal agencies are directed to inform grantees and contractors that they must cease and desist all DEI work related to the grant or contract.
  • The Justice and Education departments are directed to prepare guidance within 120 days that identifies “the measures and practices required to comply” with the Students for Fair Admissions v. Harvard University case. This guidance is likely to identify practices outside of admissions for which race or ethnicity are considerations as illegal, which would be a significant expansion of the court’s ruling.
  • The order seeks to identify up to nine institutions with endowments over $1 billion that it claims violate federal civil rights laws due to DEI policies, a move that appears aimed at pressuring colleges to roll back diversity efforts.

Many institutions may feel compelled to “pre-comply” by scaling back DEI programs before the Department of Education issues guidance or begins enforcement actions. However, campuses are encouraged to carefully assess their obligations—legal and otherwise—and mission-driven commitments before making changes. See The Boston Globe and The Washington Post for more details.

Title IX and Gender-Related Policies

The “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” EO takes aim at Title IX protections for transgender students, directing the attorney general to issue guidance stating that Title IX does not require gender identity-based access to single-sex spaces.

The order instructs the Department of Education to rescind its 2021 guidance that extended Title IX protections to include sexual orientation and gender identity—a policy already struck down by a district court in Texas. And as you’ll remember, earlier this month a court struck down the 2024 Biden Title IX regulations nationwide, muddying the waters even further.

New rules on transgender student participation in athletics, a major Trump campaign focus, could be on the horizon. The Biden administration withdrew its proposed rule in this area before leaving office.

Rolling Back Support for Minority-Serving Institutions (MSIs)

The “Initial Rescissions of Harmful Executive Orders and Actions” order rescinds 78 Biden-era executive orders, including those that provided targeted support for Hispanic-Serving Institutions and Tribal Colleges and Universities.

The administration eliminated the White House Initiative on Advancing Educational Equity Excellence and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities. The White House Initiative on HBCUs remains intact, which aligns with Trump’s past support for these institutions. However, broader cuts to DEI funding could still have ripple effects on programs that support underrepresented students.

Sustainability and Environmental Programs

Several executive orders repeal Biden-era environmental policies, including those that funded higher education sustainability and climate-related research initiatives. The initial rescission order also dissolves the White House Office of Domestic Climate Policy and ends the Justice40 Initiative, which provided environmental funding for HBCUs, MSIs, and other institutions serving underrepresented populations.

What’s Next?

The first days of the Trump administration have already ushered in sweeping policy changes, many of which will have long-term implications for colleges and universities. While executive orders provide a powerful tool for shaping federal policy, their impact is far from settled. Legal challenges, congressional actions, and institutional responses will determine how these changes play out in the months ahead.

As campuses navigate this evolving landscape, staying informed and proactive will be critical. Institutions will need to assess compliance obligations while remaining committed to their core missions of access, inclusion, and academic freedom. With more executive actions and potential legislative changes on the horizon, colleges and universities must be prepared to adapt while continuing to advocate for policies that support students and institutions.

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