Jin Hee Lee
Columbia’s settlement agreement with the Trump administration gives the federal government unprecedented oversight into the university’s operations. Under the agreement, Columbia will allow administration officials to review, and potentially reject, any effort by the university to advance equal opportunity through admissions, hiring, and promotion. Notably, these conditions advance the administration’s express agenda to suppress and ban efforts to ensure an inclusive and welcoming educational environment for Black students and faculty, thereby preventing them from fully contributing their expertise and lived experiences to the larger campus community.
Such unprecedented scrutiny by the federal government is especially troubling given the administration’s flawed interpretation of our constitution and civil rights laws in recent guidance issued by the U.S. Department of Justice. For example, the Trump administration believes that programs open to people of all races, such as those geared towards first-generation college students or rural areas, are unlawful if they are intended to break down unfair barriers to equal access and opportunities for disadvantaged students, including disadvantaged students of color. Thus, according to the administration, higher admissions or hiring rates of Black students and faculty, following the implementation of more equitable practices that do not rely on any applicant’s race or ethnicity, could expose Columbia to legal sanctions pursuant to the Department of Justice’s inaccurate interpretation of equal protection and civil rights laws.
The settlement also causes Columbia to be subsumed into the Trump administration’s campaign to silence lawful protest and target immigrant communities. It requires Columbia to increase the number of employees trained and authorized to arrest and remove students for protesting in ways that the administration or Columbia, in their full discretion, deem inappropriate. Based on the settlement, student groups are subject to "sanction . . . including by defunding, suspending, or de-recognizing them" for “discriminatory conduct,” which threatens erasure of affinity spaces for underrepresented groups given the administration’s inaccurate understanding of “discrimination.”Student groups that express views disfavored by the Trump administration or Columbia’s leadership are particularly at risk. If an international student is arrested during a protest, the agreement requires Columbia to notify the Department of Homeland Security and disclose their identity.
Such government interference with campus protest, which has been integral to expressions of dissent and the free exchange of ideas throughout American history, undoubtedly will chill the speech of many students and faculty, thus eroding their First Amendment rights. It is particularly ironic that the settlement agreement requires student protesters, including those wearing masks, to identify themselves upon request, while masked ICE officers can abduct and detain college students without even charging them with a crime. As a consequence of the agreements’ terms, Columbia’s campus will become less welcoming to students, including Black students, who already struggle with discrimination and exclusion. This, in turn, will deter many talented students and faculty from joining Columbia’s campus, thereby degrading the university’s reputation and academic scholarship.
Other colleges and universities must not follow Columbia’s capitulation. Instead of being centers of learning, where people from diverse backgrounds can engage in a free flow of ideas, opinions, and perspectives, the current administration seeks to use these institutions to actualize an undemocratic vision of an America, where dissent is silenced and resources and opportunities are hoarded for the wealthy and powerful. In many ways, this cynical vision of America aims to turn back the clock to an era, not so long ago, when institutions of higher learning were reserved for the privileged few and either explicitly or implicitly excluded Black students and faculty as unwelcome and undeserving outsiders.
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Jin Hee Lee is director of strategic initiatives at the Legal Defense Fund (LDF), where she leads a department that integrates litigation, policy, organizing, communications, research, and public education to advance community-centered racial justice advocacy—most notably through the Pro Truth Initiative.
