Following a chaotic first week of the new Trump
administration that included more than
two dozen executive orders—many affecting higher education—week two
followed a similar pattern.The Trump administration first halted and then rescinded a
sweeping directive that would have paused trillions in federal spending,
causing uncertainty for colleges and universities nationwide. The
administration also issued three executive orders directed at education,
including one focused on combating antisemitism on college campuses.
The OMB Memo and Its Aftermath
The Trump administration alarmed the higher education
community—and many others—when on Monday night the Office of Management and
Budget (OMB) issued a memo instructing federal agencies to halt spending while
reviewing funding for alignment with the administration’s executive orders. The
unprecedented freeze would have paused trillions in federal spending, generating
confusion and concern for institutions across the country.
“This unprecedented order to pause grants, loans, and other
direct federal support is causing great harm to millions of Americans, as well
as our nation’s overall economy and security,” ACE President Ted Mitchell said
in a statement calling on the administration to rescind the memo. “This is
bad public policy, and it will have a direct impact on the funds that support
students and research.”
A federal judge in Washington, DC, temporarily blocked the
order on Tuesday, and by Wednesday afternoon, the White House formally withdrew
the OMB directive. However, reports
suggest the administration may attempt a refined approach, testing the
limits of executive authority.
While institutions should now be able to access most grant
disbursements as normal, the EOs
from week one aiming to eliminate federal support for DEI initiatives,
climate policies, and federally funded research that the administration deems
out of step with its agenda remain in place. As a result, federal agencies
are continuing to suspend activities that they determine may conflict with
these priorities, and this is a rapidly evolving situation.
“For most institutions, you enter a year with very careful
plans around what your revenue is, what activities you are pursuing, the
courses of study you wish to offer based on understandings of what your
enrollments are and what your resources are,” Jon Fansmith, senior vice
president of government relations and national engagement, said on a special
episode of dotEDU Live recorded last week. “And to say midway through the
year, a week, two weeks of time, significant sources of external support will
simply be put on hold, no one institution has the formula to fix that, and it's
going to have profound impacts.”
Public and legislative backlash played a significant role in
the White House’s decision to rescind the OMB memo. Many lawmakers—spurred by
concerns from campuses and constituents—raised alarms about the funding
freeze’s impact on higher education. Continued engagement with policymakers
remains critical to ensuring federal support for colleges and universities.
"Call your representatives, explain what this means to
your campus, explain what this means to students you work with—because that is
what affects change," Fansmith said on dotEDU.
New Executive Orders Raise Free Speech and Funding
Concerns
On Wednesday, the administration issued three
additional executive orders, including one focused on combating
antisemitism on college campuses. Citing an “unprecedented wave” of
discrimination and harassment, the order directs federal agencies to take
aggressive enforcement actions, including potential funding consequences for
institutions that fail to address related complaints. The administration has
also threatened to revoke student visas and deport individuals it deems “Hamas
sympathizers.”
The order mandates that the Department of Education submit a
report detailing all antisemitism-related complaints and enforcement actions,
raising concerns about broad and potentially arbitrary enforcement. While
campus safety and anti-discrimination measures are priorities that the higher
education community shares with the administration, this approach risks
chilling free speech and undermining due process, particularly for
international students.
A second
EO prohibits the teaching of “discriminatory equity ideology” in K-12
schools and reinstates a mandate from the president’s first term that
establishes a 1776
Commission to advance “patriotic education” in public schools, and the third
order aims to bolster the K-12 school choice voucher movement.
What’s Next?
ACE is closely monitoring the implementation of these
executive orders and directives and advocating for policies that support
institutions and balance free speech, campus safety, and student rights. Institutions
should maintain open lines of communication with their representatives to share
specific challenges these policies may create on their campus, and avoid
pre-complying with directives without full guidance from the agency in question
For additional analysis, listen to last week’s special
episode of dotEDU Live or register
for the next dotEDU Live on Tuesday, Feb. 4 at 4:15 pm ET.