What's happened
The Equal Protection Project urges the DOJ to investigate Colorado’s ASSET tuition law, claiming it grants benefits to illegal immigrants that out-of-state Americans lack. Meanwhile, debates over race-based programs and admissions continue, with recent rollback of diversity initiatives amid legal and political pressures. Today's date: Fri, 13 Feb 2026.
What's behind the headline?
The legal and cultural landscape of US higher education is shifting rapidly.
- The DOJ’s potential investigation into Colorado’s ASSET law underscores ongoing federal efforts to enforce laws against benefits for illegal immigrants, which could lead to legal challenges or policy changes.
- The rollback of diversity, equity, and inclusion (DEI) programs at many universities, driven by the Trump administration’s reinterpretation of civil rights law, signals a significant retreat from previous efforts to promote racial and ethnic diversity.
- The decline in Black and Latino enrollment at top-tier schools, contrasted with increased enrollment at less selective institutions, suggests a redistribution of minority students across the higher education landscape.
- The phenomenon of 'mismatch'—where underqualified minority students are admitted to elite schools—has been curtailed, potentially improving academic outcomes for these students but also raising questions about access and fairness.
- These developments indicate a broader cultural shift, where legal rulings and political pressures are reshaping the priorities and practices of American higher education.
The next phase will likely involve legal battles over race-based programs and further policy adjustments at the state and federal levels, impacting access, diversity, and the future of higher education in the US.
What the papers say
The NY Post reports that the Equal Protection Project is calling for a DOJ investigation into Colorado’s ASSET law, citing concerns over benefits given to illegal immigrants that out-of-state Americans do not receive. William Jacobson emphasizes that the law’s lenient residency criteria privilege illegal immigrants over U.S. citizens, and suggests the DOJ should scrutinize Colorado’s policies. Meanwhile, the NY Post also highlights the broader context of race-based programs in higher education, noting that many institutions have rolled back diversity initiatives following federal and political pressures. The Washington Post details how universities’ efforts to diversify faculty have been largely abandoned under the Trump administration’s reinterpretation of civil rights law, with many schools ending or reorganizing their DEI programs. The New York Times provides data showing that, post-2023 Supreme Court rulings, Black and Latino freshmen enrollment at top schools has decreased, while enrollment at less selective institutions has increased, indicating a shift away from race-conscious admissions. The NY Post’s editorial underscores that the end of race-based preferences has unwound the 'mismatch' phenomenon, leading to more qualified minority students attending less selective schools, which could benefit their academic and career prospects. Overall, these articles reveal a contentious debate over race, immigration, and fairness in American higher education, with legal, political, and cultural forces shaping the landscape.
How we got here
Recent legal challenges and policy shifts have highlighted ongoing tensions over race and immigration policies in US higher education. Supreme Court rulings in 2023 limited race-conscious admissions, prompting institutions to rebrand or rollback diversity efforts. Meanwhile, states like Colorado have enacted laws providing in-state tuition benefits to undocumented students, sparking legal and civil rights debates. Federal and state actions reflect broader political battles over immigration, race, and educational equity.
Go deeper
More on these topics