In a memo written to Congress on Friday Aug. 22, the Justice Department declined to defend the Hispanic-Serving Institution designation for U.S. colleges and universities in a lawsuit filed by the state of Tennessee and activist group Students for Fair Admissions.
In the memo, the Justice Department said it agreed with the lawsuit’s goals to strike down grants that are reserved for HSI’s, according to the Associated Press.
The HSI designation within the Higher Education Act provides grant funding to postsecondary institutions to assist with strengthening institutional programs, facilities and services to expand the educational opportunities for Hispanic Americans and other collegiate underrepresented populations, according to the Department of Education.
The University of New Mexico is one of 615 HSI colleges and universities in the U.S. as of the 2023-24 school year, according to the Hispanic Association of Colleges and Universities.
HSI designated universities enroll 5.6 million students, including 67.3% of all Hispanic undergraduate students, and 37% of all Pell Grant recipients, according to HACU.
In order to receive the federal HSI designation, at least 25% of the overall full-time undergraduates enrolled in a university of college must identify as Hispanic or Latino, Rosa Isela Cervantes, UNM director and special advisor to the president on Latino affairs, wrote.
“UNM is a clear example because our student body population closely mirrors the demographics of our state. Although we still have work to do as a university to improve the retention and graduation of students of color, we are intentionally making strides,” Isela Cervantes wrote to the Daily Lobo.
Receiving an HSI designation does not automatically grant any funding to universities, but it opens access to compete for certain categories of grants to improve student success and ensure all students have access to the support they need to graduate, Isela Cervantes wrote.
In 2024, the Department of Education awarded approximately $50 million to HSI’s to expand Hispanic graduate opportunities, improve educational opportunities and attainment, recruit more teachers from diverse backgrounds in elementary and secondary schools, and support science and engineering education to increase the participation of underrepresented minorities, according to Diverse Education.
“UNM’s designation as an HSI opens the door to valuable funding opportunities from a range of federal agencies, including the U.S. Department of Education’s Title III and Title V programs. Since 1995, the Department has invested nearly $4.5 billion in HSIs, underscoring a strong commitment to advancing educational excellence,” UNM Interim Provost Barbara Rodriguez wrote.
These funding opportunities are designed to support development of innovative programs such as the National Science Foundation, which has created targeted opportunities for HSIs to strengthen capacity in STEM education and research and enhance student success and improve outcomes, Rodriguez wrote.
The UNM College Assistance Migrant Program and UNM High School Equivalency Program are funded by federal grants from the Office of Migrant Education. Both programs closed their offices on Aug. 29 due to delays faced in receiving the grant money. There is uncertainty as to whether the funding for the programs will be restored but the programs are still committed to their goals of ensuring “that all students continue to feel supported and valued,” Ivan Olay, the director of both programs, wrote to the Daily Lobo.
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UNM faculty and staff are working in a multiple of ways to meet the needs of all students, Rodriguez wrote.
“While it would be very disappointing for the HSI designations to be ended, we will continue to work tirelessly to meet our students where they are at, honor their intersectionalities and keep them centered in all that we do,” Rodriguez wrote.
Such programs empower institutions like UNM to lead in innovation and academic excellence, Rodriguez wrote.
The grants can go toward funding for developing HSIs, promoting post-baccalaureate opportunities for Hispanic Americans, and recruiting Hispanic students into STEM fields, José Luis Serrano Nájera, co-director of graduate studies at the UNM Department of Chicana and Chicano Studies, said to the Daily Lobo.
“Not only are (Hispanic people) 20% of the U.S. population, but they’re the fastest growing in this country. I think it's an important opportunity to really begin to think about how (Hispanic students) should be part of your mission, and how that should be an integral part of the budget. I think this is especially pertinent to UNM, given the 50% Hispanic demographic here. I don't see this university surviving without Hispanic students,” Serrano Nájera said.
Hispanic students represented 54.4% of the Fall 2024 incoming students at UNM, which could mean the impact of cutting HSI programs may be disproportionately higher, as the grants benefit not only Hispanic students, but the student population as a whole, Serrano Nájera said.
It is well proven that Hispanic-serving institutions provide the most upward socioeconomic mobility in this country for all students who attend those colleges, not just Hispanic ones, Serrano Nájera said.
Of the top 10 colleges and universities ranked by the Social Mobility Index in the U.S. in 2023, eight had the HSI designation, according to HACU.
Serrano Nájera worries that without the grants there won't be incentives from universities to focus on Hispanic student recruitment, and that the loss could contribute to diminished enrollment of Hispanic students in higher education, he said.
“UNM proudly upholds its unwavering commitment to serve our students. Our dedicated faculty and staff embody the University’s mission, working tirelessly to support our student population. While we acknowledge that changes in funding opportunities may present challenges, we remain optimistic and focused on finding innovative ways to sustain and accelerate our progress,” Rodriguez wrote.
Exact figures for how much funding the University could lose if the HSI programs end are not currently known, according to Isela Cervantes and Rodriguez.
Maria Fernandez is the copy editor for the Daily Lobo. She can be reached at copy@dailylobo.com or on X @dailylobo



