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Harvard Hit With Federal Civil Rights Complaint Over ‘Race-Restricted’ Scholarship Program

Harvard University is once again under federal scrutiny for alleged racial discrimination — this time over its involvement in a summer scholarship program that limits eligibility to students of color. The Equal Protection Project, a legal watchdog group, filed a formal complaint Sunday with the Department of Justice’s Civil Rights Division, accusing the Ivy League institution of violating federal civil rights laws by supporting and promoting the Union Scholars Program.

The program offers ten students a $4,800 stipend plus up to $6,000 in need-based aid to participate in a six-week union organizing internship. However, applicants must be from “historically marginalized communities,” a requirement the group says amounts to a race-based exclusion that violates Title VI of the Civil Rights Act.

“What doesn’t Harvard understand about not discriminating based on race?” asked William Jacobson, president of the Equal Protection Project and a Harvard Law School alum. “The U.S. Supreme Court told Harvard to stop. Now it’s up to the Department of Justice to make Harvard stop.”

Harvard’s Role Under the Microscope

While the program is technically administered by AFSCME — the powerful public sector union — Harvard’s close involvement is a key point of contention. The complaint alleges that the university is not merely a passive host but an active sponsor, helping promote, organize, and support the program. Harvard Law School’s Center for Labor and a Just Economy has played a central role in the initiative since its founding in 2003.

“Harvard isn’t a bystander,” said Robert Fox, a lawyer with the Equal Protection Project. “It hosts the orientation, provides support, and promotes the program. By putting its name on a race-restricted opportunity, Harvard is engaging in unlawful discrimination.”

AFSCME describes the internship as a program “for students of color passionate about social justice and workers’ rights.” The complaint notes that language such as “historically marginalized communities” has been widely understood to mean “underrepresented minorities,” thereby excluding white and Asian students.

Legal Backdrop and Trump Administration Pressure

The move comes amid renewed pressure from the Trump administration to root out racial preferences in higher education, particularly at elite universities. In 2023, the U.S. Supreme Court struck down Harvard’s race-based admissions practices in a landmark ruling, finding them unconstitutional. Since then, the Trump administration has threatened to cut off federal funding to schools that continue race-based policies, including Harvard, which receives billions in federal research grants.

Harvard won a temporary reprieve in September when a federal judge in Boston ruled that Trump’s threats to revoke funding over DEI and affirmative action policies were unlawful. But other institutions like Columbia University have already reached compliance deals with federal officials under the administration’s civil rights push.

Now, the Equal Protection Project is calling on Assistant Attorney General Harmeet Dhillon, who oversees DOJ’s Civil Rights Division, to launch an immediate investigation and determine whether Harvard’s participation in the Union Scholars Program constitutes a Title VI violation.

“Enough Is Enough”

“Considering that Harvard litigated the issue of race-based admissions all the way to the Supreme Court and lost, prompt and aggressive DOJ action is warranted,” the complaint states.

The watchdog group argues that Harvard’s continued endorsement of the race-limited program reflects an institutional arrogance that defies the law and the Court’s ruling.

“I am a Harvard Law School graduate,” Jacobson added. “I fully understand the arrogance and self-righteousness of the university. But enough is enough when it comes to the use of race in admissions, whether to the university or to its programs.”

As of now, neither Harvard nor AFSCME has responded to press inquiries. Applications for the 2026 Union Scholars Program remain open until February 28. Whether the Department of Justice will act before then remains to be seen.

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