The Biden administration has issued new “guidance” for colleges and universities to consider race in admissions policies even after the U.S. Supreme Court struck down race-based “affirmative action” admission policies in June.
“This is a moment of great urgency in higher education,” Secretary of Education Miguel Cardona claimed to reporters during a Monday morning press conference, the Daily Wire reported.
Shortly before the conclusion of its session in late June, the Supreme Court of the United States (SCOTUS) delivered a significant verdict, declaring that race-based admissions initiatives at Harvard University were in breach of Title VI of the Civil Rights Act, and that similar programs at the University of North Carolina violated the Equal Protection Clause of the 14th Amendment.
Students for Fair Admissions filed lawsuits against these prestigious institutions, alleging that they unjustly considered race when evaluating applicants for admission. The organization highlighted the impressive test scores of Asian-American and white candidates who were denied entry. The group’s contention was that Harvard’s actions violated the Civil Rights Act’s Title VI, which forbids educational institutions that receive federal funding from engaging in racial discrimination.
In the second case, the organization accused the University of North Carolina of breaching the equal protection clause of the 14th Amendment by factoring race into its admissions procedures, the Daily Wire noted.
“We know what has happened at colleges when individual states have banned affirmative action in the past,” Cardona said during the Monday press call. “Fewer students of color applied, and fewer students of color were admitted. We cannot afford that kind of backpedaling on a national scale.”
The ruling’s impact on university admissions procedures nationwide is substantial. However, even though the highest court in the land has restricted universities’ capacity to consider race in applicant selection, there are indications that some institutions will attempt to identify loopholes.
“Although this decision changes the landscape for admissions in higher education, it should not be used as an excuse to turn away from long-standing efforts to make those institutions more inclusive,” associate attorney general Vanita Gupta reportedly said at a news conference.
“Race can be relevant to a person’s life or a lived experience, and may impact one’s development motivations, academic interests or personal or professional aspirations. That impact can still be considered,” she claimed.
Meanwhile, guidelines have been issued jointly by the Department of Education and the Department of Justice, explaining the legal options accessible to colleges and universities in their pursuit of a diverse student body. They encompass various criteria such as factors like race and ethnicity — in direct contravention of the high court’s ruling.
Per the question and answer portion of the document, administration officials said the Supreme Court’s decision “does not require institutions to ignore race when identifying prospective students for outreach and recruitment, provided that their outreach and recruitment programs do not provide targeted groups of prospective students preference in the admissions process.”
Federal authorities provided specific instances, including the establishment of affinity clubs centered around racial themes, the assessment of how an applicant’s racial background has influenced their personal journey, and a reassessment of admissions preferences for students linked to legacy status or donor connections.
“With respect to admissions practices themselves, especially for the upcoming cycle, the Departments encourage colleges and universities to review their policies to ensure they identify and reward those attributes that they most value, such as hard work, achievement, intellectual curiosity, potential and determination,” the administration wrote in the “Dear Colleague” letter.
