Jan Resseger reviews Trump’s vigorous crusade to eliminate civil rights laws by inverting their meaning. These laws were passed to break the monopoly held by white men in hiring and promotions. But now, any program that favors women and nonwhites is treated as a crime. Universities and corporations that once featured their efforts to promote diversity, equity, and inclusion are now warned by the federal government that these efforts discriminate against white men and must be abolished.
Resseger writes:
When it comes to President Trump’s threatened tariffs and his foreign policy demands, we have all been reading about the phrase coined by a Financial Times reporter: “Trump always chickens out—TACO.” But when it comes to Trump’s attack on civil rights and racial justice in the nation’s public schools, the President has been doggedly persistent.
On May 22nd, The New Yorker’s Susan Glasser mused about the President’s Oval Office ambush of South African President Cyril Ramaphosa as capturing how things are going in “Washington a hundred and twenty-one days into Trump’s second term: a manufactured scene of outrage about a nonexistent ‘white genocide’ ” and “a reminder of how explicitly Trump has, in his second term, defined the goal of his Presidency as a sort of racial-justice quest for white people.” Glasser describes “a President who has terminated affirmative-action decrees that have been in place for the federal government since the nineteen-sixties, unleashed a wave of arrests and deportations aimed at illegal migrants of color, gutted federal civil-right-enforcement offices, and blamed D.E.I. for just about every evil at home and abroad.”
New York Times reporter Erica Green summarizes the Trump administration’s consistent work since the winter to attack racial justice and twist the meaning of the protection of civil rights: “In his drive to purge diversity efforts in the federal government and beyond, President Trump has expressed outright hostility to civil rights protections. He ordered federal agencies to abandon some of the core tenets of the Civil Rights Act of 1964, on the basis that they represented a ‘pernicious’ attempt to make decisions based on diversity rather than merit. But in recent weeks, Mr. Trump has turned to those same measures—not to help groups that have historically been discriminated against, but to remedy what he sees as the disenfranchisement of white men. The pattern fits into a broader trend… as Trump officials pick and choose which civil rights protections they want to enforce and for whom. Across the government, agencies that have historically worked to fight discrimination against Black people, women and other groups have pivoted to investigating institutions accused of favoring them.”
Beginning on Valentines Day, when Trump’s Acting Assistant Secretary of the U.S. Department of Education’s Office for Civil Rights (OCR), Craig Trainor sent all public school officials a “Dear Colleague” letter threatening their federal funding if they did not remove all diversity, equity, and inclusion from their schools, the Trump Administration turned its sights on U.S. public schools. In March, the administration closed seven of the nation’s twelve regional Office for Civil Rights locations that have traditionally investigated complaints filed by parents and families. At the same time the Office for Civil Rights abandoned its traditional practice of carefully investigating complaints and working with school districts to end discriminatory practices. Trump’s OCR turned to directed investigations aimed at punishing school districts failing to comply with the administration’s priorities and threatening loss of federal funding. In early April, the Department of Education threatened K-12 public school districts’ Title I funding unless school leaders (and statewide officials) signed a certificate that they were in full compliance with Title VI of the Civil Rights Act as well as in compliance with the administration’s broad, and many believe mistaken, interpretation of the 2023 Supreme Court decision in Students for Fair Admissions v. Harvard, which specifically banned affirmation in college admissions. The Trump administration has declared that the Students for Fair Admissions decision instead bans all DEI programming and policy.
School districts and state departments of education, along with teachers unions and civil rights organizations like the NAACP and the ACLU, have put the consequences of almost all of these threats on hold by filing injunctions, which have yielded temporary stays in most of these cases, but Education Secretary, Linda McMahon and her Department of Education keep on persisting by conducting more investigations and threatening punitive consequences for school districts persisting in efforts to help particular groups of students.
In mid-May, by executive order, President Trump banned the use of disparate impact as a standard for investigating Civil Rights investigations. For ProPublica, Jennifer Smith Richards and Judi Cohen reported: “Remaking the Office of Civil Rights isn’t just about increasing caseloads and reordering political priorities. The Trump administration now is taking steps to roll back OCR’s previous civil rights work. Last month, Trump issued an executive order that directs all federal agencies, including the Education Department, to stop enforcing cases involving policies that disproportionately affect certain groups—for example when Black students are disciplined more harshly than white students for the same infractions or when students with disabilities are suspended more than any other group even though they represent a small percentage of student enrollment.”
Smith Richards and Cohen examine how the Department’s Office for Civil Rights (OCR) has reduced its capacity to process complaints and changed its procedures in ways that bias investigations to reflect the Trump administration’s priorities: “The OCR, historically one of the government’s largest enforcers of the Civil Rights Act of 1964, has been known for being a neutral fact-finder. Its investigators followed a process to determine whether complaints from the public met legal criteria for a civil rights claim, then carried out investigations methodically. The vast majority of investigations were based on discrimination complaints from students and families, and a large share of those were related to disability discrimination… Investigations being publicized now have largely bypassed the agency’s civil rights attorneys… McMahon and OCR head, Craig Trainor created what amounts to a shadow division. The Trump administration has ordered more than a dozen investigations in the past three months on its own, not initiated by an outside complainant. These ‘directed investigations’ are typically rare; there were none during President Joseph Biden’s administration. The investigations have targeted schools with transgender athletes, gender-neutral bathrooms and initiatives that the administration views as discriminatory to white students.”
The ProPublica reporters spoke with OCR attorneys who anonymously describe what they believe are serious violations of departmental protocol: “McMahon and Trainor created ways to divert complaints and investigations away from the OCR’s legal experts entirely. The administration made an ‘End DEI’ portal that bypasses the traditional online complaint system and seeks only grievances about diversity, equity and inclusion in schools. Unlike the regular complaint system, the diversity portal submissions are not routed to OCR staff. ‘We have no idea where that portal goes, who it goes to, how they review the cases… said the attorney who said he struggles with being unable to help families.” In other instances, “Conservative groups with complaints about diversity or transgender students have been able to file complaints directly with Trainor and get quick results… America First Legal, a group founded by Trump deputy chief of staff, Steven Miller… emailed Trainor a few days after Trump’s… executive order… (that) directs schools to stop teaching about or supporting diversity, equity, and gender identity. ‘AFL respectfully requests that the Department of Education open investigations into the following public school districts in Northern Virginia for continuing violations of Title IX,’ the letter read, listing five districts that have policies welcoming to transgender students. Senior leadership in Washington opened the cases the following week. America First issued a press release headlined ‘VICTORY!’ “
Education Week‘s Brooke Schultz reports: “The U.S. Department of Education has announced or confirmed at least 100 investigations into school districts, colleges, and universities, and other entities as it emerges as a prime enforcer of President Donald Trump’s social agenda.” Here are some of Schultz’s examples: “(F)our school districts have drawn investigations from the department over a Black student success plan in Chicago, a students of color summit in New York, racial affinity groups in Illinois, and a selective Virginia high school’s admissions policy that the education Department says appears to be racially discriminatory… The first investigation Trump’s Education Department announced was a probe into the Denver district over a high school’s all-gender bathroom, which the agency suggested was a violation of Title IX, the federal law barring sex discrimination in schools that receive federal funds.”
Last Friday, in “Trump Administration Gives New York 10 Days to End Its Ban on Native American Mascots,” Education Week‘s Brooke Schultz reported on a Department of Education demand that clearly represents the Trump administration’s twisting and tangling the purpose and meaning of civil rights protection in public schools: an attack by the Trump Department of Education on a New York law banning Native American mascots in public schools. “The (U.S.) Education Department’s Office for Civil Rights argues that the state’s mascot policy, enacted in 2022, violates Title VI because it prohibits the use of Native American imagery but ‘allowed names, mascots, and logos that appear to have been derived from other racial or ethnic groups, such as the ‘Dutchmen’ and the ‘Huguenots.”… McMahon said in a statement Friday that the department would ‘not stand idly by as state leaders attempt to eliminate the history and culture of Native American tribes.”
Although McMahon seems to believe that the logo New York has banned in the Massapecqua School District connects with the history of American Indians in the region of the school district on Long Island, J.P. O’Hare of the New York Department of Education explained that neither the logo nor the term ‘Chief,’ was used by Native Americans in the area.
Schultz lets the president of the National Congress of American Indians, “the largest nonprofit representing Native nations which has long tracked and challenged the use of Native American mascots, Mark Macarro” correct Education Secretary McMahon’s bizarre misconception of racial justice and civil rights law: “Native people are not mascots… We have our own languages, cultures, and governments—our identities are not anyone’s mascot or costume. No political endorsement or misguided notion of ‘honoring’ us will change the fact that these mascots demean our people, diminish the enduring vibrancy of our unique cultures, and have no place in our country.”
Schultz adds: “Research has found that, for Native students, exposure to Native American mascots reduces self-esteem, their ability to imagine future accomplishments, and their belief that Native American communities can make a difference. For non-Native people, research shows that mascots are associated with negative thoughts and stereotypes about Native Americans… The portrayals are often outdated, whitewashed stereotypes, and aren’t grounded in realistic portrayals of Native people.”
