It’s common after an election that involves a party change for the new administration to make sweeping changes in support of its agenda. Typically, at least some of these changes will impact our campuses. After his inauguration in January, President Trump signed dozens of executive orders that have caused consternation on campuses across the country. At this stage, there is little detail around compliance. We should continue to brace ourselves for legal challenges to these orders. It is possible they will never need to be implemented. However, it never hurts to be prepared, so let’s unpack the major issues and discuss how your campus can respond.
The big scare came at the end of January in the form of an Office of Management and Budget memo rather than an executive order. The memo ordered federal agencies to cease funding grants and loans while recipients are reviewed for compliance with the executive orders already issued by the administration. The memo itself was explicit that the funds going to individuals were not affected and the Department of Education confirmed such in General-25-09 issued on January 28 and then updated on January 30. The memo was first stopped in the courts and then eventually rescinded, but a spokesperson for the administration hinted that a similar order would likely come later in a different form. Today we can breathe a sigh of relief, but the prospect of even a temporary stop in financial aid disbursements begs the question, “What would our campus do should the worst happen?” and it would be in your campus’ best interest to take advantage of this lull to answer that.
Next, there were two executive orders that could have a direct impact on enrollment. The first is the threat to deport students participating in certain types of campus protests while the other is a general tightening of immigration policies that may make it more difficult for students from abroad to study in the United States. Even if neither of these orders ever become actual policy or law, it does send a message to students from other countries that they may not be welcome here. This situation particularly when coupled with a possible pause on federal grant payments could impact your campus in two ways. First, if your institution normally enrolls a lot of international students, it will need to find a way to fill those seats. Additionally, if there is no way to fund teaching assistants, regardless of nation of origin, campuses could wind up with a shortage of instructors which also has potential to negatively impact enrollment. Once again, it is a good time for executives on campus to ask that “What if…?” question and determine a course of action.
On day one of the new administration, President Trump issued an executive order directing federal agencies to combat “illegal private sector DEI preferences, mandates, policies, and activities” in federally funded programs. Since that includes most colleges and universities it’s not too soon for executives to review policies and programming on campus to identify those that are not in compliance with this executive order and make the necessary adjustments.
You may recall that the Biden administration attempted to make significant changes to Title IX regulations that were blocked by the courts, so the current regulations remain those that were created under the first Trump administration. However, one of the many executive orders issued in January, changes definitions around sex and gender which may impact your campus policies regarding LGBTQ+ students. Updates to Title IX coupled with the President’s February 5 executive order banning trans women from competing in women’s sports will need to be addressed quickly as the Department of Education has already started investigating several institutions and continued Title IV eligibility requires compliance with Title IX.
The hurricane of executive orders are harbingers of change to come. If you haven’t heard any conversation about these issues on campus, start it yourself because you’ll need a plan to manage them. And, when you need us, the Higher Education Assistance Group will be there to support you with our regulatory expertise and interim staffing resources. Just email info@heag.us and let us know how we can help.
Please keep in mind, due to the evolving nature of the issues discussed, the information contained in this post may no longer be relevant at the time you are viewing it. Please also keep in mind that nothing in this blog post should be considered legal advice; if you have legal questions, please consult with your attorney. Please email info@heag.us if you have any questions.
Resources:
https://www.whitehouse.gov/fact-sheets/2025/01/omb-q-a-regarding-memorandum-m-25-13/
