WMass colleges aspired to be ‘Hispanic-serving.’ The DOJ is now backing away
SPRINGFIELD — In January, American International College said it was on the verge of becoming a Hispanic-serving institution, a designation it had strived to attain as part of a five-year strategic plan in 2022.
"Achieving this designation will allow us to strengthen our support for Hispanic and Latino/Latina students while further fostering the inclusive campus environment where every student can thrive," declared Nicolle Cestero, now AIC's 13th president .
But that goal may be imperiled.
A federal lawsuit filed in Tennessee challenges the Hispanic-serving institution program's constitutionality. And the Department of Justice recently made the unusual move of declaring it would not defend the program in court, leaving a national education association to champion it.
A higher-education institution is declared Hispanic-serving when at least 25% of its student body is Hispanic.
AIC said about 27% of its student body is Hispanic. The designation would allow AIC to seek specific grants from the federal government and foundations, the college said in its January statement . The process to attain the designation from the Department of Education is supposed to take AIC two years.
With the designation, AIC would join a handful of schools locally and across the state that hold the Hispanic-serving institution status, some of whom said Monday the grants received through the designation help them serve all students.
As AIC prepares for move-in day later this week, officials at the school were unavailable on Monday.
"As an HSI, American International College is focused on supporting all students and ensuring equitable access to higher education," AIC spokesperson Denise Vozella said in a statement, in response to questions. "We cannot comment on ongoing litigation or decisions by the Department of Justice."
The lawsuit in Tennessee
In June, the state of Tennessee, along with an organization that successfully challenged Harvard's affirmative action admission policies, asked a federal judge to declare the Hispanic-serving institution grant program unconstitutional.
Tennessee's college and university system educates Hispanic students. And while many of its students are low-income, the state cannot access the Hispanic-serving institution funds, according to the complaint filed against the U.S. Department of Education.
"Why? Because they don't have the right mix of ethnicities on campus," Tennessee's complaint says.
Joining Tennessee is the group Students for Fair Admissions, founded by conservative activist Edward Blum, who helped bring lawsuits against Harvard and the University of North Carolina in which the U.S. Supreme Court decided to strike down affirmative action in college admissions, according to the Associated Press .
Reached by email Monday, Blum wrote that an organization moved to intervene in the case, and "None of the parties have objected."
On July 24, Hispanic Association of Colleges and Universities, the organization that originally lobbied Congress in the early 1990s to recognize Hispanic-serving institutions, i ntervened in the case in order to defend the program.
"This lawsuit is a direct attempt to erase programs that remedy racial and ethnic disparities and strip away essential resources from institutions that serve Latino students," said Francisca Fajana, director of Racial Justice Strategy with LatinoJustice PRLDEF, the organization representing the association.
In an affidavit filed in the case, Antonio Flores, president of the association, said, "the HSI designation is not an anomaly." He pointed to the nation's Historically Black College or University designation, for instance.
"Federal funding obtained by HSIs provides capacity building and infrastructure support and promotes student success and readiness for the nation's economy," Flores said. "Students are accepted to and educated by HSIs without regard to their race, ethnicity, color, creed, national origin, gender, disability, or any other characteristic."
The next day, U.S. Solicitor General John Sauer sent a letter to House Speaker Mike Johnson saying the Department of Justice would not defend against Tennessee's lawsuit. "The Department of Justice has determined that those provisions violate the equal-protection component of the Fifth Amendment's Due Process Clause," Sauer wrote.
The Associated Press reported on Sauer's letter Friday.
Hispanic-serving schools in Mass.
The Hispanic Association of Colleges and Universities said about 11 institutions educating 30,762 students in the 2023-2024 school year were Hispanic-serving in Massachusetts. The association considers 24 more as emerging Hispanic-serving institutions, where their Hispanic student populations are approaching, but have not reached, 25%.
However, not every institution listed by the association is recognized by the Department of Education. For instance, a spokesperson for Bay Path University said Monday the school does not have the designation.
Salem State University, whose student body of about 4,000 was 23.6% Hispanic in the 2023-2024 school year, according to the association, was seeking to become the f irst four-year state school to achieve the designation in Massachusetts.
"Salem State University, as a public university serving several gateway cities with growing Hispanic and Latino populations, is committed to serving its students and improving not just access to higher education, but also outcomes for all students who enroll," Dustin Luca, spokesperson for the university, said in a statement.
Springfield Technical Community College attained its Hispanic-serving designation in 2015. In the time since, the percentage of students who identify as Hispanic has grown to 40%, according to a statement Monday by the college.
Under the program, STCC received a $3.4 million grant in 2021 that runs until 2026 aimed at boosting Hispanic enrollment in STEM fields.
"The college remains hopeful that investment in access institutions like STCC remains a priority, especially given ongoing workforce needs in fields that include cybersecurity, precision manufacturing, HVAC, and quantum technology," the statement said.
Meanwhile, Holyoke Community College attained the designation in 2016. Through the program, it was able to obtain $1 million from the National Science Foundation that helped provide scholarships to eligible students. The grant helped fund internships, mentoring and research.
About 33% of the HCC student body is Hispanic, the college said. Since about half of residents in Holyoke and Springfield are Hispanic, the designation shows that HCC is serving its community, the college said.
"Being an HSI means our students receive the support essential to achieve academic success, advancement, and a sense of belonging," HCC President George Timmons said in a statement. "We are demonstrating our commitment to the population that we serve."
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