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US Federal judge blocks key parts of Trump’s anti-DEI orders

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US Federal judge blocks key parts of Trump’s anti-DEI orders

A judge for the US District Court for the Northern District of Illinois on Tuesday issued a preliminary injunction preventing the US Department of Labor from requiring government contractors and federal grant recipients to certify that they do not operate any diversity, equity and inclusion (DEI) programs that violate any federal anti-discrimination laws.

Executive Order 14151, the termination provision, orders applicable federal agencies to terminate all “equity action plans,” “equity” actions, initiatives, or programs, “equity-related” grants or contracts, and all DEI performance requirements for employees, contractors or grantees. Executive Order 14173—the certification provision—mandates that recipients of federal grants validate that they are not conducting any DEI initiatives in violation of federal anti-discrimination laws.

The preliminary injunction comes after the non-profit organization Chicago Women in Trades (CWIT) filed a complaint challenging the executive orders. In 2024, CWIT received federal money from the Women in Apprenticeship and Nontraditional Occupations (WANTO) program, which works to increase women’s participation in apprenticeship programs and nontraditional occupations such as trades, construction, project management, and cybersecurity. After Trump’s executive orders, CWIT stood to lose thousands of dollars in federal funding, hindering its efforts to increase the representation of marginalized women in key fields. Approximately 70 percent of CWIT’s participants are Black and Latina women.

In the preliminary injunction, Judge Matthew Kennelly held that CWIT would likely prevail on its First Amendment challenge to the certification provision. CWIT argued that the anti-DEI executive orders impose restrictions that are “overbroad” and “impossibly vague” and that “condition CWIT’s receipt of federal funding upon the stifling of CWIT’s protected speech.” Additionally, Kennelly found that CWIT was likely to succeed on the merits of its claim that the termination provision violates the separation of powers. The US Constitution does not permit any executive branch official to unilaterally terminate federal grants and contracts without express statutory authority from Congress. The preliminary injunction is narrow in scope and applies only to the US Department of Labor, not to all federal agencies.

Just a few weeks ago, the US Court of Appeals for the Fourth Circuit upheld the government’s request to stay a nationwide preliminary injunction that blocked enforcement of the same contested elements of the two executive orders.

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USA: Trump bans DEI initiatives in federal government

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USA: Trump bans DEI initiatives in federal government

US President Donald Trump on Wednesday issued an order prohibiting diversity, equity and inclusion (DEI) initiatives across federal agencies and directing the government to combat such practices in the private sector.

The sweeping order revokes several executive orders (EO) passed by the Democratic administrations in recent decades, including that of Lyndon B. Johnson, who served from 1963 to 1969, during a critical juncture of America’s civil rights movement. In the 1960s, Black Americans faced systemic discrimination that traced back to slavery and its aftermath. Though slavery had ended in 1865, Southern states had in its wake established racial-segregation laws and economic practices that deliberately kept Black Americans from accessing good jobs, education, and wealth-building opportunities. This persistent inequality sparked mass protests and civil rights marches across America, often met with violence, which ultimately pressured the federal government to enact reforms. Washington responded to the unrest with various policies aimed at dismantling such repressive practices, including the landmark Civil Rights Act of 1964, and EO 11246, a 1965 order requiring government contractors to take concrete action to increase the representation of minorities and women in their workforce.

Trump’s new order revokes EO 11246, along with — among other such policies — a 1994 EO passed by Bill Clinton (1993-2001) requiring the federal government to address environmental disparities impacting minority and low-income populations, and a 2011 order passed by Barack Obama (2009-2017) pushing for diversity within the federal workforce, among other directives.

In addition, the new policy requires federal agencies to identify “the most egregious and discriminatory DEI practitioners” across key sectors and develop enforcement plans targeting corporations, universities, and other institutions with potentially discriminatory practices.

“Hardworking Americans who deserve a shot at the American Dream should not be stigmatized, demeaned, or shut out of opportunities because of their race or sex,” the order states.

Under the directive, the Justice Department and Education Department must issue guidance within 120 days to educational institutions receiving federal funding on compliance with the Supreme Court’s 2023 ruling that struck down race-conscious college admissions.

The order maintains exemptions for veterans’ preferences and does not restrict academic freedom to discuss DEI practices in higher education settings.

The policy delivers on Trump’s campaign promises to dismantle DEI initiatives, which grew to new prominence in 2020 following the killing by police of George Floyd, an unarmed Black man, in Minnesota. Floyd’s death provoked outrage over enduring elements of systemic racism, including police killings, and sparked a national conversation about righting historical wrongs. Many companies and organizations enacted DEI initiatives in the aftermath of Floyd’s killing as a means of counteracting repressive policies.

Advocates have celebrated DEI policies as necessary for addressing historical inequities, while critics have slammed them, claiming they prioritize identity politics over merit. In a fact sheet accompanying Wednesday’s order, the Trump administration pointed to the latter sentiment, stating: “Many corporations and universities use DEI as an excuse for biased and unlawful employment practices and illegal admissions preferences.” This divide emerged as a significant point of contention between often pro-DEI Democratic candidates and their increasingly anti-DEI Republican counterparts during the 2024 campaign season.

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