Faces major blow

Trump’s anti-DEI agenda faces major blow as judge sides with SF schools

By Olivia Hebert

The Trump administration’s latest effort to dismantle diversity, equity, and inclusion programs encountered a new obstacle last week, as a federal judge blocked officials from enforcing AmeriCorps grant restrictions that threatened to strip funding from San Francisco schools and community organizations.

 

The preliminary injunction, issued by the U.S. District Judge Edward M. Chen on June 18, marks one of the first legal setbacks for the Trump administration’s crusade against federal DEI efforts and could potentially shape how similar restrictions are enforced across other federal grant programs. The ruling temporarily blocks the enforcement of the restrictions. 

The restrictions were triggered by an executive order — Ending Radical and Wasteful Government DEI Programs and Preferencing — signed by President Donald Trump on Jan. 20, his first day back in office. The order directed all federal agencies to “terminate, to the maximum extent allowed by law, all DEI, DEIA, and ‘environmental justice’ offices and positions” and to root out any grants, contracts or policies tied to diversity, equity, inclusion, accessibility or equity-related initiatives. 

In the weeks that followed, AmeriCorps, the federal agency that oversees a variety of national service programs, began requiring grantees to certify that their programs didn’t “promote DEI activities” or risk losing federal funding, according to the injunction.

That policy became the focus of a March lawsuit filed by the San Francisco Unified School District and the city of Santa Fe, New Mexico, which argued that this requirement was vague, politically motivated and in direct conflict with the federal law that governs AmeriCorps: the National and Community Service Act of 1990. 

The law states that the organization is explicitly required to support programs that include participants from ethnically, economically and geographically diverse backgrounds, as well as promote unity through teams composed of people with varied social and economic experiences. 

With diversity and inclusion written into the agency’s statutory mission, Judge Chen found that the Trump administration’s directive conflicts with AmeriCorps’ founding statute and that the directives are “likely unconstitutionally ambiguous.” Judge Chen called the ruling necessary in order to prevent “irreparable harm” to the plaintiffs.

Among the programs at risk is SFUSD’s Healthy Choices AmeriCorps program, which pairs mentors with at-risk students across 38 public schools. In the 2022-2023 school year, more than 80% of participating students lived below the federal poverty line. The program received a $667,194 federal grant, which was put at risk under the new requirement, according to the injunction. 

Judge Chen noted in the injunction that AmeriCorps gave grantees just a few days to submit the required DEI certification, leaving them “without meaningful guidance” and creating significant burdens and uncertainty for compliance. 

Testimonials from SFUSD staff members revealed they had been forced to take out any references to racial equity and gender identity from grant documents and program language to avoid potential penalties. Some staff also expressed concerns that the basic acknowledgment of a student’s background could be considered a DEI violation. 

The preliminary injunction is expected to remain in effect as the case continues in the U.S. District Court for the Northern District of California. 

“President Trump has again demonstrated his disregard for our kids and seniors by illegally threatening to terminate funding unless we submit to his ideology,” San Francisco City Attorney David Chiu said in a statement. “We appreciate the Court has prevented Trump’s illegal grant conditions from being enforced, so our most vulnerable students and communities can continue to succeed with AmeriCorps programs.”

The ruling safeguards not only San Francisco’s AmeriCorps programs but also three long-running programs in Santa Fe, which include initiatives that place older volunteers in classrooms with low-income and Native American students.