Trump admin proposes stripping tax-exempt status from schools offering race-based support

Scott Bessent said schools could not avoid the restrictions by describing race-based preferences as efforts to promote equity or inclusion
The Trump administration justified the move by seeking to establish a uniform non-discrimination standard and build on the Supreme Court’s 2023 decision that struck down race-conscious affirmative action in college admissions (AP Photo)
The Trump administration justified the move by seeking to establish a uniform non-discrimination standard and build on the Supreme Court’s 2023 decision that struck down race-conscious affirmative action in college admissions (AP Photo)

WASHINGTON, DC: The Trump administration rolled out new regulations that target private schools and colleges over the use of race in admissions, scholarships, or any other programs they run.

If these institutions consider race in any of those areas, they’d lose their tax-exempt status. This move fits into the federal government’s wider effort to shut down diversity initiatives in education.

What will the rules cover?

The rules, proposed by the Treasury Department ‌and Internal Revenue Service, aim to end what administration officials argue is discrimination against white students in favor of students of color.

Treasury Secretary Scott Bessent, speaks before President Donald Trump arrives at Wheeler High School in Marietta, Ga., Wednesday, July 22, 2026. (AP Photo/Erik S. Lesser)
Treasury Secretary Scott Bessent speaks before President Donald Trump arrives at Wheeler High School in Marietta, Ga, Wednesday, July 22, 2026 (AP Photo/Erik S. Lesser)

"Schools rebranding race-based preferences as equitable, inclusive, or diversity-enhancing does not change their discriminatory nature," Treasury Secretary Scott Bessent said in a ​statement.

The proposal follows the Supreme Court's 2023 Students for Fair Admissions decisions, which prohibited most race-conscious admissions policies at colleges and universities.

Admissions, educational policies, scholarships and loans, athletics and "every other school-administered or ​school-supported program" would be covered by the Treasury's proposal. 

President Donald Trump speaks in the Oval Office of the White House, Friday, Sept. 4, 2026, in Washington. (AP Photo/Jacquelyn Martin)
President Donald Trump speaks in the Oval Office of the White House, Friday, Sept 4, 2026, in Washington (AP Photo/Jacquelyn Martin)

It would apply to any program that considers race, color, or national or ethnic origin "for any purpose," including efforts to address past racial discrimination.

The proposal lets religious schools keep choosing students based on their faith without risking their tax-exempt status.

Treasury officials added that schools can still support disadvantaged students by using race-neutral criteria, like family income, where a student lives, or whether they're the first in their family to go to college.

The ​Treasury estimated that the rules ​could impact as many ⁠as 18,000 schools at all education levels and 750,000 students who could be affected because they may qualify for race-based scholarships.

Legal challenges expected

The new proposal is subject to a public comment period and would likely spark legal challenges if ⁠adopted.

WASHINGTON, DC - AUGUST 06: U.S. President Donald Trump (C) speaks as (L-R) U.S. Treasury Secretary Scott Bessent, U.S. Secretary of Commerce Howard Lutnick and Apple CEO Tim Cook look on during an event in the Oval Office of the White House on August 6, 2025 in Washington, DC. Apple Inc. announced a $100 billion investment in manufacturing facilities in the U.S., on top of an announcement in February committing over the next four years to a $500 billion investment in the U.S. economy and the addition of 20,000 new jobs. (Photo by Win McNamee/Getty Images)
US President Donald Trump (C) speaks as (L-R) US Treasury Secretary Scott Bessent, US Secretary of Commerce Howard Lutnick and Apple CEO Tim Cook look on during an event in the Oval Office of the White House on August 6, 2025 in Washington, DC (Photo by Win McNamee/Getty Images)

The American Association of University Professors, which advocates for academic freedom and has sued the administration ​to block funding cuts in the past, said it is considering legal action against the proposal.

"This is not neutral enforcement ‌of civil-rights law. It is an affirmative attempt to turn civil-rights law against the very people it was enacted to protect," AAUP President Todd Wolfson said in a statement. "For half a century, federal policy recognized that measures intended to dismantle entrenched racial exclusion are not equivalent to policies designed to preserve it."

These new rules push forward the Trump administration’s ongoing efforts to restrict diversity, equity, and inclusion policies in schools and on college campuses, a drive they picked back up after returning to power in January 2025. And it goes well beyond DEI.

WASHINGTON, DC - OCTOBER 14: U.S. President Donald Trump (2nd-R) speaks alongside (L-R) U.S. Treasury Secretary Scott Bessent, U.S. Vice President JD Vance and U.S. Secretary of State Marco Rubio during a meeting with President of Argentina Javier Milei in the Cabinet Room at the White House on October 14, 2025 in Washington, DC. Trump is hosting Milei for a working lunch days after the U.S. Treasury finalized a $20 billion currency swap framework with Argentina in an effort to help stabilize its economy. (Photo by Kevin Dietsch/Getty Images)
US President Donald Trump (2nd-R) speaks alongside (L-R) US Treasury Secretary Scott Bessent, US Vice President JD Vance and US Secretary of State Marco Rubio during a meeting with President of Argentina Javier Milei in the Cabinet Room at the White House on October 14, 2025 in Washington, DC (Photo by Kevin Dietsch/Getty Images)

The administration has also gone after universities for using race in admissions and scholarships, plus it’s cracked down on what it calls antisemitism on campus.

Harvard University, in particular, keeps landing in the administration’s crosshairs, especially when it comes to threats of slashing federal funding, launching investigations, and even questioning its tax-exempt status.

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