Tennessee Sues to End HSI Requirements

The state of Tennessee filed a lawsuit against the U.S. Department of Education on Wednesday seeking to nix traditional requirements for Hispanic-serving institutions’ federal designation and grant funding. The state is joined by Students for Fair Admissions, the advocacy group whose lawsuits against Harvard and the University of North Carolina at Chapel Hill resulted in the U.S. Supreme Court ruling against affirmative action in college admissions.

The plaintiffs argue it’s unconstitutional and discriminatory for the Education Department to designate grants for Hispanic-serving institutions, defined as colleges and universities where at least a quarter of students are Hispanic. Today, about 600 colleges and universities meet the criteria for the federal designation, established by Congress in the 1990s.

The lawsuit laments that Tennessee higher ed institutions serve Hispanic and low-income students but don’t receive grants intended for HSIs because they don’t meet the enrollment threshold. As a result, the plaintiffs argue, Tennessee institutions find themselves in an “unconstitutional dilemma”—they want to enroll more Hispanic students to earn HSI status, but using race as a factor in admissions would be illegal.

“Funds should help needy students regardless of their immutable traits, and the denial of those funds harms students of all races,” the lawsuit reads.

The plaintiffs seek “a declaratory judgment that the HSI program’s ethnicity-based requirements are unconstitutional” and “a permanent injunction prohibiting the [Education] Secretary from enforcing or applying the HSI program’s ethnicity-based requirements when making decisions whether to award or maintain grants to Tennessee’s institutions of higher education.”