Attorney General James Defends DEI Programs and Initiatives

NEW YORK – New York Attorney General Letitia James today joined a coalition of 18 other attorneys general in fighting back against the Trump administration’s executive orders to dismantle diversity, equity, inclusion, and accessibility (DEIA) policies and programs. In an amicus brief filed in National Association of Diversity Officers in Higher Education v. Trump, Attorney General James and the coalition urge the United States Court of Appeals for the Fourth Circuit to uphold a preliminary injunction pausing certain portions of the administration’s executive orders on DEIA. Attorney General James and the coalition assert that these executive orders cause confusion among state government agencies and private companies and jeopardize critical funding and services that millions of Americans rely on. 

“The federal administration’s attacks on DEIA policies and programs are unjust, unlawful, and unwarranted,” said Attorney General James. “Our schools, workplaces, and government services are better and more effective because of DEIA policies and programs that give everyone a fair chance to succeed. I will always proudly defend DEIA programs that honor our diversity and help lift up everyone, including the most vulnerable.” 

In January, President Trump issued two executive orders targeting DEIA and “equity-related” grants or contracts. In the brief, Attorney General James and the coalition argue that these vague orders fail to provide a clear definition of terms like diversity, equity, inclusion, or accessibility and fail to explain what aspects of these programs and initiatives are purportedly illegal in the federal government’s view. The attorneys general argue that the vagueness of the orders has created confusion for state agencies and private companies, leading many companies to eliminate their diversity programs altogether.

In their brief, the attorneys general further explain that DEIA policies and programs are consistent with state and federal anti-discrimination laws and provide important benefits to education, healthcare, and the workplace. For example, diversity drives economic growth, and companies with strong, diverse leadership teams overperform compared to more homogenous companies. In healthcare, greater equity in research funding leads to medical advances. Additionally, in education, DEIA practices ensure that all students have the same opportunities to learn, and that students’ needs are supported, like food security, emergency financial support, and consideration if they work full time. 

Since these executive orders were issued, New York and other states have received numerous notices from federal agencies requiring states to certify they do not engage in purportedly illegal DEIA practices, without providing a clear definition for DEIA or which practices the federal government thinks are illegal. These notices threaten billions of dollars in federal funding for essential services like basic K-12 education, highway infrastructure, public health, workforce development, and environmental protection. Attorney General James and the coalition argue that, through these executive orders, the federal government is improperly trying to chill any activity the current administration disfavors by threatening harsh penalties or the elimination of federal grants. 

Joining Attorney General James in filing this amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont and Washington. 

This is the latest action Attorney General James has taken to protect DEI and DEIA programs. In April, Attorney General James led a coalition of attorneys general in suing the Trump administration over its unlawful requirement for states to end DEIA practices in schools, putting billions of dollars in education funding at risk. Also in April, Attorney General James filed a lawsuit against the Trump administration for its unlawful cancellation of National Institutes of Health (NIH) research grants that fund critical medical research, including previously approved projects focused on DEI. In March, Attorney General James issued DEIA guidance to K-12 schools, colleges, and universities. In January, Attorney General James and a coalition of attorneys general released a statement condemning President Trump’s executive orders targeting DEI and DEIA policies and programs.