DOJ Launches Initiative to Target Federally Funded Institutions Over DEI, Anti-Semitism

Universities could risk losing their access to federal funding if they are found to be ‘discriminating against their students,’ the Department of Justice said.

The Department of Justice (DOJ) said on May 19 that it has launched the “Civil Rights Fraud Initiative” to investigate and potentially punish federally funded institutions whose policies promote diversity, equity, and inclusion (DEI), as well as anti-Semitism.

In a memo, Deputy Attorney General Todd Blanche said the department is committed to enforcing federal civil rights laws and ensuring equal protection under the law, adding that this could be accomplished through “vigorous enforcement” of the False Claims Act against institutions that violate those laws.

The False Claims Act is a federal law that holds a person liable for defrauding the government. It also allows private citizens to sue on behalf of the government, known as qui tam suits, and potentially receive a portion of recovered funds.

The memo stated that any federally funded university that “encourages antisemitism, refuses to protect Jewish students, allows men to intrude into women’s bathrooms, or requires women to compete against men in athletic competitions” could violate the False Claims Act.

Colleges and universities risk losing their access to federal funding if they are found to be “discriminating against their students” through anti-Semitism and DEI policies, according to the memo.

The initiative will be co-led by the DOJ’s Civil Fraud Section, which enforces the False Claims Act, and the Civil Rights Division, which enforces civil rights laws. The divisions will cooperate with other federal agencies to identify institutions that violate the law.

Blanche said that each division will assign a team of attorneys to “aggressively pursue” investigations, and each of the country’s 93 U.S. attorneys’ offices will need to designate an assistant U.S. attorney to support these efforts.

“America has watched a tidal wave of anti-Semitism sweep our universities and seen public institutions codify inherently divisive policies like DEI at an unprecedented rate,” he said in a statement. “The days of using federal funds to further discrimination are over.”

The move follows an executive order signed by President Donald Trump on Jan. 20 calling for the removal of “all discriminatory programs,” including DEI-related policies, from federal agencies and government initiatives.

In his order, Trump stated that the former administration had forced “illegal and immoral discrimination programs” across virtually “all aspects of the federal government” through DEI initiatives.

“The public release of these plans demonstrated immense public waste and shameful discrimination. That ends today,” the president stated.

Trump issued another order on Jan. 29 directing federal agencies to identify “all civil and criminal authorities” that may be used to combat anti-Semitism on campus, citing the need to protect students against anti-Semitic discrimination and violence.

The order states that “Jewish students have faced an unrelenting barrage of discrimination; denial of access to campus common areas and facilities, including libraries and classrooms; and intimidation, harassment, and physical threats and assault” amid the ongoing war in Gaza, which broke out after the Hamas terrorist group launched an unprecedented attack on southern Israel on Oct. 7, 2023, prompting Israel’s military to launch a counteroffensive against Hamas in the strip.

In March, the Department of Education published a list of 60 institutions of higher education currently under investigation for allegations of anti-Semitic discrimination and harassment on campus.

The department warned that institutions could face enforcement actions if they fail to meet obligations under Title VI of the Civil Rights Act, which prohibits recipients of federal funds from operating programs that promote discrimination based on race, color, and national origin.