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  • Date:

    CASA v. Trump (D. Md. July 16, 2025)

    Memorandum Opinion issuing an Indicative Ruling and Holding the Motion in Abeyance. Respondents—individuals, organizations, and states consolidated from Trump v. State of Washington, Trump v. State of New Jersey, and Trump v. CASA, Inc.—originally filed suit to challenge the validity of President Trump’s Executive Order (E.O.) 14160, titled “Protecting the Meaning and Value of American Citizenship”, which aimed to deny birthright citizenship to children born in the U.S. to undocumented immigrants. Following the Supreme Court’s most recent decision in CASA, which narrowed federal courts’ authority to issue universal injunctions, plaintiffs amended their complaint to proceed as a class action and sought class-wide relief. However, the court concluded that it lacks jurisdiction to rule on the motion because the underlying preliminary injunction is currently on appeal before the Fourth Circuit. Citing longstanding jurisdictional principles, the court found that ruling on a second, virtually identical preliminary injunction would intrude on issues now pending before the appellate court. Citing Rule 62.1(a)(3), the court issued an indicative ruling: if the Fourth Circuit were to remand the case for the limited purpose of considering the class-wide motion, the Court would grant it. It bases this conclusion on the same constitutional grounds set forth in its earlier opinion enjoining the Executive Order, and in light of similar relief recently granted in Barbara v. Trump, a parallel case. The court held the motion in abeyance pending further instruction from the Fourth Circuit and directed plaintiffs to notify the appellate court of its indicative ruling. 

    Topics:

    Background Checks & Employee Verification | Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students

  • Date:

    Department of Education Foreign Funding Investigation into the University of Michigan (Jul. 15, 2025)

    The U.S. Department of Education (the Department) announced that it has opened an investigation into the University of Michigan following a review of the University’s reports pursuant to Section 117 of the Higher Education Act of 1965 (20 U.S.C. §1011f), alleging inaccurate and incomplete disclosures. The Department, requested that the University provide with tax records, a written narrative of the University’s procedures related to compliance with Section 117’s foreign funding disclosure requirements, a copy of each written agreement with a foreign government, foreign educational institution, foreign non-government entity, or foreign corporate entity relating to international student admissions, detailing the participation of non-U.S. individual or entities in university or university-affiliated research collaborations, identification of all university personnel and contract personnel involved in the university’s assistance and/or efforts related to F-1 Student Visa, work permits, and travel for international students, faculty, and other personnel, identification of all involved in bilateral or multilateral research collaborations with non-U.S. research institutions, identification of all university personnel responsible for the oversight and/or administration of the university’s compliance with federal Foreign Government Talent Recruitment Program restrictions, and, all foreign gifts, grants, and contracts between the University and any foreign source. The time frame for these requests is from January 1, 2020, through the present.  

    Topics:

    Contracts | Employment of Foreign Nationals | Endowments & Gifts | External Investigations | Faculty & Staff | Grants, Contracts, & Sponsored Research | Immigration | International Students | International Ventures | Investigations | Research | Taxes & Finances

  • Date:

    Department of Education and Department of Labor Workforce Development Partnership (Jul. 15, 2025)

    U.S. Department of Education (the Department) announced a new partnership with the Department of Labor (DOL) to create an integrated federal education and workforce system. Pursuant to an interagency agreement, DOL will now take on a greater role in administering the adult education and family literacy programs funded under Title II of the Workforce Innovation and Opportunity Act (WIOA) and career and technical education (CTE) programs. The partnership, which is intended to be consistent with Executive Order 14278 “Preparing Americans for High-Paying Skilled Trade Jobs of the Future” will result in DOL providing day-to-day administration of the department’s Perkins and WIOA Title II programs alongside the larger suite of workforce programs DOL already administers.” The DOL plans to facilitate streamlined services for states and grantees and allow for a unified state plan portal as well as consistent timelines for submitting state plans for WIOA and Perkins. A fact sheet was published with this notice. 

    Topics:

    Accreditation, Authorizations, & Higher Education Act | Higher Education Act (HEA)

  • Date:

    McMahon v. New York (Jul. 14, 2025)

    Order Granting Petitioners’ Application for Stay. Respondents—comprised of multiple states, school districts, and labor organizations—filed suit against Linda McMahon, Secretary of Education; President Donald J. Trump; and the Department of Education (the Department), challenging the administration’s attempt to dismantle the Department through a large-scale reduction in force (RIF). Respondents claimed that the RIF unlawfully sought to eliminate a statutorily created federal agency, exceeding the President’s constitutional authority and violating the Administrative Procedure Act (APA) as arbitrary, capricious, and contrary to law. The U.S. Supreme Court, by way of an emergency application, granted petitioners’ application for stay following a preliminary injunction issued by the federal district court of Massachusetts that ordered the reinstatement of terminated employees, and a denial by the First Circuit of the administration’s motion for a stay. In a one-paragraph unsigned order, the Court permitted petitioners to proceed with the planned RIF at the Department while the appeal remains pending. 

    Topics:

    Accreditation, Authorizations, & Higher Education Act | Higher Education Act (HEA)

  • Date:

    U.S. Department of Education Application for New Awards (Jul. 14, 2025)

    Topics:

    Contracts | Grants, Contracts, & Sponsored Research | Research

  • Date:

    The Joint Associations Group on Indirect Costs Recommendation for Updated Research Funding Model (Jul. 11, 2025)

    The Joint Association Group on Indirect Costs (JAG), a coalition of higher education and research organizations, convened a team of subject matter experts to develop a simplified and more accountable alternative to the federal facilities and administrative cost structure. The proposed new model, called the Financial Accountability in Research (FAIR) model, proposes a more efficient and transparent system for funding the indirect costs of federally sponsored research. The indirect costs include essential infrastructure and compliance-related expenses but exclude activities unrelated to research, such as education and athletics. The FAIR model introduces several key reforms: (1) a total-project-cost approach to clarify how indirect costs are calculated; (2) enhanced transparency and accountability to taxpayers and federal agencies; and (3) increased efficiency by eliminating institution-specific federal rate negotiations. Unlike the current one-size-fits-all system, the FAIR model is designed to accommodate the diverse needs of research institutions and accounts for project-specific differences. More information about JAG’s efforts and the FAIR model can be found here.

    Topics:

    Contracts | Grants, Contracts, & Sponsored Research | Research

  • Date:

    Clarification of Federal Public Benefits Under the Personal Responsibility and Work Opportunity Reconciliation Act (Jul. 11, 2025)

    The U.S. Department of Education (the Department) has issued a new interpretive rule in response to Executive Order (E.O.) 14218 “Ending Taxpayer Subsidization of Open Borders”, clarifying that federally funded programs providing postsecondary education, adult education, and career and technical education are “federal public benefits” under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). Recipients of federal funds must verify immigration status unless the benefits fall under the protected category of “basic public education” as established in Plyler v. Doe, which applies only to K–12 education for undocumented individuals. The Department rescinded its previous 1997 guidance, reasoning that it narrowly interpreted PRWORA and failed to account for Congress’s broader intent; emphasizing that Plyler does not apply to adults, post-secondary education, or dual enrollment programs that go beyond basic public education. Grantees administering such programs should comply with immigration verification requirements using approved methods like the DHS SAVE system to ensure they do not benefit non-qualifying individuals. However, nonprofit charitable organizations remain exempt from verification under 8 U.S.C. § 1642(d). This interpretive rule is non-binding and does not require formal reporting, however, the Department has noted that such information “may be referenced when enforcing or monitoring grantee and subgrantee compliance with PRWORA.” Finally, grantees may have received a memorandum with additional details.

    Topics:

    Admissions | Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Financial Aid, Scholarships, & Student Loans | Immigration | International Students | Students

  • Date:

    “Barbara” v. Donald J. Trump (D.N.H July 10, 2025)

    Order granting Preliminary Injunction and Provisional Class Certification. Petitioners, several individuals impacted by Executive Order (EO) 14160 “Protecting the Meaning and Value of American Citizenship” request class certification and asked the court to enjoin enforcement of the EO, alleging that it violates the Fourteenth Amendment, the Immigration and Nationality Act, and the Administrative Procedure Act (APA). Following the Supreme Court’s decision in Trump v. CASA, in which the Court held that universal preliminary injunctions were “broader than necessary to provide complete relief to each plaintiff with standing to sue,” petitioners immediately moved for “certification of a class [consisting] of all current and future children who are or will be denied United States citizenship by [the] Executive Order…, and their parents.”’ The court provisionally certified a narrower class consisting of “all current and future persons who are born on or after February 20, 2025, where (1) that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.” Finally, the court granted petitioners request for a preliminary injunction barring respondents from enforcing the EO against the class while litigation is pending.

    Topics:

    Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Immigration | International Students

  • Date:

    Department of Education Opens Title VI Investigation into George Mason University (Jul. 10, 2025)

    U.S. Department of Education has announced a Title VI investigation into George Mason University after multiple professors at the University filed a complaint with the Office for Civil Rights (OCR) alleging that the University illegally used race-based hiring and promotion practices from 2020 through the present. The complaint alleged that the University created a racially hostile environment in violation of Title VI by way of several policies and practices that constituted racial discrimination, including the University’s DEI policies, the presence of “Equity Advisors,” the use of race-conscious promotion criteria, and the creation of diversity hiring directives. Additionally, the complaint makes note of a campus-wide email sent by the University president in March 2025 announcing the renaming of the “Diversity, Equity, and Inclusion” office and stating that no University policy changes were needed to comply with civil rights laws.  

    Topics:

    Discrimination, Accommodation, & Diversity | Diversity in Employment | External Investigations | Faculty & Staff | Investigations | Race and National Origin Discrimination

  • Date:

    Department of labor New Interpretation on Personal and Work Opportunity Reconciliation Act of 1996 (Jul. 10, 2025)

    The U.S. Department of Labor (DOL) announced that its new interpretation of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), reasoning that it improperly extended certain federal public benefits to illegal aliens. Under the new guidance, all grantees funded through the Workforce Innovation and Opportunity Act (WIOA) and related programs must verify valid work authorization before providing participant-level services. The guidance applies to programs including WIOA Title I Adult, Dislocated Worker, Youth programs (including statewide employment and training services funded by the Governor reserve), WIOA National Dislocated Worker Grants, Wagner-Peyser Act Employment Service, Reentry Employment Opportunities and other programs authorized under Section 169 of WIOA, YouthBuild, the National Farmworker Jobs Program, and the Senior Community Service Employment Program. Additionally, The DOL has rescinded Training and Employment Guidance Letter No. 10-23, and replacement guidance has been provided to aid in the work authorization verification for grant programs administered by the Employment and Training Administration (ETA) and applies to: State Workforce Agencies, State Workforce Administrators, State Workforce Liaisons, State and Local Workforce Board Chairs and Directors, American Job Center Director, State Labor Commissioners, WIO Section 167 Migrant and Seasonal Farmworker Program Grantees, WIOA Section 169 Reentry Employment Opportunities Grantees and Other Demonstration Programs, WIOA Section 171 Youthbuild Grantees, WIOA National Dislocated Worker Grant Program Grantees, and Senior Community Service Employment Program Grantees. This policy change is intended to align with Executive Order (E.O.) 14218 “Ending Taxpayer Subsidization of Open Borders” and is in alignment with the Department of Education’s new interpretive rule rescinding the previous 1997 Dear Colleague Letter on PRWORA. 

    Topics:

    Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Employment of Foreign Nationals | Faculty & Staff | Governance | Government Relations & Community Affairs | Immigration | International Students

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