In the wake of federal court rulings blocking enforcement of new federal rules threatening diversity, equity and inclusion programs and revoking certain student visas, the American Civil Liberties Union of Hawaii reached out to college and university officials statewide urging them to “continue to feel empowered to push for academic freedom and free speech.”
Federal courts have blocked the U.S. Department of Education from enforcing new rules dismantling DEI programs, while federal immigration authorities announced the reinstatement of student visa records that had been abruptly terminated in the past several weeks.
Schools in Hawaii and nationwide continue to navigate a rapidly shifting legal landscape under President Donald Trump’s second administration, which has taken a strong stance against race-based programs in education.
The U.S. Immigration and Customs Enforcement agency confirmed that it is restoring the Student and Exchange Visitor Information System — or SEVIS — records of international students whose visas had been previously canceled, thereby reinstating their legal status. This action follows legal challenges, including the Doe v. Noem case, which argued that ICE’s earlier terminations were unlawful.
A University of Hawaii spokesperson confirmed that the few international students whose visas were revoked are now listed as “active” in the SEVIS system. The spokesperson noted that these students are among a small group of 1,700 international students who had their visas revoked. The Honolulu Star-Advertiser found that fewer than five UH students were affected.
According to court filings, ICE is developing a new policy framework for SEVIS terminations but, in the meantime, has committed to keeping affected students’ records active.
The ACLU-Hawaii informed university officials statewide of the development, encouraging campuses to share the information with students and faculty.
Meanwhile, three federal district courts — in Maryland, New Hampshire and Washington, D.C. — issued preliminary injunctions blocking the U.S. Department of Education’s controversial Feb. 14 “Dear Colleague” letter and subsequent certification requirements, warning that DEI initiatives could violate federal civil rights laws if they involved race-based considerations in admissions, hiring or student services.
Salmah Rizvi, executive director of the ACLU of Hawaii, told the Star-Advertiser that the organization wants to make it clear to universities that the Trump administration cannot currently impose the sanctions against a school it deems is in violation of civil rights laws.
“I know a lot of universities have already tried to scrub their websites or did it; I don’t know about which universities are doing what, but I do know that universities had already started taking steps to comply with the ‘Dear Colleague’ letter,” Rizvi said. “But that ‘Dear Colleague’ letter that Trump sent to everybody is right now being enjoined, meaning that it can’t be enforced, meaning that universities have a right to engage in their programming as they don’t necessarily have to be in compliance with that letter anymore.”
According to the ACLU, the decisions mean that universities and colleges, at least for now, may continue operating DEI-related programs without fear of losing federal funding.
The DOE’s now-blocked guidance had accused American educational institutions of engaging in “pervasive and repugnant race-based preferences” and asserted that concepts such as systemic racism had “toxically indoctrinated” students.
Citing the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard, the DOE claimed that diversity and racial equity were not compelling governmental interests under federal law.
However, courts sided with educators and civil rights groups who argued that the DOE’s new policies overstepped legal boundaries and posed unconstitutional threats to aca- demic freedom and equity programs.
UH has not yet issued a detailed public statement responding to the latest court actions. However, the ACLU of Hawaii has encouraged institutions statewide to inform their communities about the legal victories and to seek assistance if needed.
Nationally, colleges have faced mounting pressure under Trump’s administration, which has targeted DEI efforts, affirmative action and other race-conscious practices. Some institutions have scaled back or restructured their DEI offices to avoid potential sanctions, while others have vowed to maintain diversity programs regardless of federal threats.
A UH spokesperson said no diversity, equity, inclusion and accessibility programs have been halted at the university. UH President Wendy Hensel addressed DEI concerns during a March 13 open forum. UH officials said that while core DEI programs remain in place, some individual units have voluntarily reviewed and modified language on their websites at their own discretion.
“There is no question: the stakes for higher education and for UH are extremely high. I want to assure you that I, along with our leadership team that includes the vice presidents, chancellors, and UH Manoa Provost are fully engaged in responding to these challenges. I continue to benefit from the ability to consult with key stakeholders represented on the Advisory Council,” Hensel said in a statement following the forum.
In Hawaii, where international students represent a significant portion of enrollment and the islands’ multicultural identity is deeply ingrained, the developments are likely to have widespread impacts.
The legal battles remain ongoing, and further court proceedings could shape the future of DEI and immigration policy in higher education. UH noted that the case is still making its way through the court system and is expected to eventually reach the U.S. Supreme Court.
For now, supporters of diversity and international education see the recent court rulings as an important reprieve.
