'Not only unlawful, but harmful': 19 states sue Trump administration over DEI programs in public schools

In a move to challenge the Trump administration's efforts to eliminate diversity, equity, and inclusion (DEI) programs in public schools, 19 states filed a federal lawsuit on Friday.

The lawsuit, filed in Massachusetts by Democratic attorneys general, seeks to block the Department of Education’s directive, issued on April 3, which threatened to cut federal funding if states did not comply with civil rights laws and reject what the federal government deemed "illegal DEI practices."

The directive required states to certify their compliance by April 24, including gathering signatures from local school systems confirming their adherence. However, the plaintiffs, attorneys general from 19 states, argue that they will not abandon policies designed to ensure equal access to education and that their prior certifications of compliance with the law stand.

“Diversity, equity, and inclusion initiatives are legal efforts that help students feel safe, supported and respected. The Trump administration’s threats to withhold critical education funding due to the use of these initiatives are not only unlawful, but harmful to our children, families, and schools,” said Massachusetts Attorney General Andrea Joy Campbell.

This new lawsuit follows a series of rulings against the Trump administration earlier this week. Judges in three states issued decisions blocking elements of the directive: a Maryland judge postponed the effective date of the February 14 memo, which instructed schools to end practices that differentiate people based on race; a judge in Washington, DC, granted a preliminary injunction against the April certification letter; and in New Hampshire, a judge ruled that the education department cannot enforce either directive against the plaintiffs, which include one of the nation's largest teachers' unions.

All three cases argue that the guidance threatens academic freedom and is vague, leaving schools uncertain about what actions are permissible, such as whether voluntary student groups for minority students can continue.

The new lawsuit warns that the administration’s directive could put more than $13.8 billion in federal funding at risk, money that supports students, including those with disabilities.

“Plaintiffs are left with an impossible choice: either certify compliance with an ambiguous and unconstitutional federal directive -- threatening to chill policies, programs and speech -- or risk losing indispensable funds that serve their most vulnerable student populations,” the lawsuit states.

The lawsuit is backed by the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

The education department has not yet responded to requests for comment. Linda McMahon, education secretary under President Donald Trump, had warned that states refusing to sign the certification forms could face funding cuts. In an interview on the Fox Business Network, McMahon stated that states that do not comply could “risk some defunding in their districts,” adding that the purpose of the form is “to make sure there’s no discrimination that’s happening in any of the schools.”