Judge Halts Implementation of Trump Anti-DEIA Executive Orders Nationwide in Suit Filed by Higher Education Officials, Restaurant Workers, City of Baltimore

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Aleisha Flores (771)-233-8202 aflores@advancingjustice-aajc.org

Preliminary Injunction Granted in Suit Brought by National Association of Diversity Officers in Higher Education, American Association of University Professors, Restaurant Opportunities Centers United, and the City of Baltimore

Baltimore, MD — Today, the U.S. District Court for the District of Maryland issued a preliminary nationwide injunction ¹on President Trump’s executive orders titled, “Ending Radical Government DEI Programs and Preferencing,” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (collectively the “Anti-DEIA Executive Orders”). Trump administration’s Executive Orders and their implementation have already wreaked havoc: the government has begun to freeze, or even terminate, grants and contracts; the livelihoods of Plaintiffs’ members, and countless others, are in imminent danger; and individuals and institutions are forced to censor themselves for fear of losing federal funding or being targeted by imminent federal investigations.

The decision was in response to a suit filed by a diverse coalition of partners² on behalf of the National Association of Diversity Officers in Higher Education (“NADOHE”), the American Association of University Professors, Restaurant Opportunities Centers United (“ROC”), and the Mayor and City Council of Baltimore, Maryland.

“This ruling underscores that ensuring equity, diversity, and inclusion are the very goals of federal anti-discrimination law, not a violation of the law,” said NADOHE President and CEO Paulette Granberry Russell, J.D.  “NADOHE applauds the court for recognizing the irreparable harm of the Trump administration’s executive orders in abridging and chilling unquestionably protected speech and in threatening enforcement action based on unconstitutionally vague and undefined standards.  This ruling is a crucial victory for higher education and academic freedom and also vindicates the legitimacy of the efforts by individuals, institutions, and organizations nationwide to foster inclusion in ways that have been uncontroversially legal for decades. At NADOHE, we remain steadfast in our commitment to ensuring that diversity, equity, and inclusion efforts continue to thrive, and we will continue to stand with our partners to defend policies that promote fairness, opportunity, and justice.”

“We are proud of the nation’s courts, the lawyers, and our courageous faculty members who stepped forward to oppose these policies. One of the attempts by the administration to impose their political agenda on higher education has been thwarted. But we must continue to fight to maintain the independence of our institutions and the principles of freedom and democracy in this country,” said Aaron Nisenson, Senior Counsel, American Association of University Professors.

“We are thrilled that the court’s decision will allow us to continue our efforts to end occupational segregation and advance race and gender equity in the restaurant industry, as we strive to advance the rights of all working people. This decision will allow us and countless other worker advocates to continue working to protect our constitutional rights and exercise our rights to free speech,” said Teofilo Reyes, Interim President and CEO of ROC United.

“Our country prides itself on being a melting pot where everyone has equal opportunity to achieve and live the American Dream. However, our past and present teach us that this hasn’t always been the case. Diversity, Equity, and Inclusion efforts were never about providing opportunities to unqualified individuals but about ensuring that qualified individuals from diverse backgrounds were not passed over for those less qualified who met the status quo,” said Baltimore Mayor Brandon Scott. “President Trump’s executive orders are not only unconstitutional but also clearly oppose our country’s core values. His relentless attacks on DEI initiatives seek to dismantle the very principles that make our nation strong. As Malcolm X once said, ‘You’re not to be so blind with patriotism that you can’t face reality. Wrong is wrong, no matter who does it or says it.’

“In that vein, we will fight this with every legal tool available, as demonstrated by our ongoing lawsuit. This executive order endangers critical federal funding for Baltimore and countless other communities, putting jobs and livelihoods at risk. Moreover, it seeks to establish a legal framework to attack anyone or any organization that dares to celebrate our diversity,” Mayor Scott continued. “Such actions are fundamentally un-American. We are a nation built on diversity, unity, and the belief that everyone deserves a fair chance.”

“Our Constitution protects all Americans – whether you are a university professor or a restaurant worker – from unlawful intrusion on speech, ideas, and expression and entitles all Americans to fair process. The Trump administration’s anti-equity directives violate these core protections,” said Skye Perryman, President and CEO of Democracy Forward. “We are honored to have filed suit on behalf of a coalition that includes the National Association of Diversity Officers in Higher Education, the City of Baltimore, the American Association of University Professors, and the Restaurant Opportunities Centers United, who are all harmed by these unlawful orders, which have chilled their activities and provision of essential services. We are grateful for the court’s decision to pause these harmful Executive Orders while it takes a careful look at how the orders blatantly violate our Constitution. As our complaint states, in the United States, there is no King.”

“We are pleased by the court’s decision to protect Americans from the fallout of President Trump’s anti-diversity, equity, inclusion, and accessibility executive orders. As we have argued, enforcement of these unconstitutional orders, which undermine diversity, equity, inclusion, and accessibility, has already had immediate harmful effects on federal grantees that are only escalating by the hour,” said John C. Yang, President and Executive Director of Asian Americans Advancing Justice – AAJC. “Contracts and grants for life-saving research have been canceled, thousands of federal employees have lost their jobs and the critical funding of municipalities and vulnerable communities around the country have been put at risk. The temporary restraining order will ultimately protect the livelihoods of millions of people as the case is evaluated by the court.”

The full complaint is available here³ and the motion for a temporary restraining order and preliminary injunction is available here⁴.