The Tennessee Lawsuit Could Dismantle HSI Legislation, But Not Our Commitment to Serving Latine/x Students

In June 2025, the State of Tennessee and Students for Fair Admissions filed a lawsuit asserting that Hispanic-Serving Institutions (HSIs) are discriminatory. The lawsuit claims that the HSI program harms Tennessee’s public institutions because none of them are eligible for HSI status despite enrolling large numbers of students of color and low-income students. There are several flaws in the lawsuit such as the claim that, “To receive [D-HSI] grants, they’d have to develop plans for assisting ‘Hispanic students’ versus others” (emphasis added, p. 10). Scholars have documented otherwise. Doran and Aguilar-Smith (2025) found that Title V applicants often tie their grant goals to the Department of Education’s competitive priorities, which are identity-neutral in most cases. As such, Aguilar-Smith (2021) noted that many successful Title V grantees evoke Latine-evasive language, often stiving to serve all students. In other words, Title V & Title III grant programs are not discriminatory since they provide funding to build the institution’s capacity to serve all students, and as noted by Willam Casey Boland, the grants often benefit non-Latine/x students too.

Capitol building photo by Harold Mendoza on Unplash

These attacks are familiar and ongoing but let me be clear— HSIs are not discriminatory or harmful. The purpose of HSI legislation is to advance equity for the institutions that enroll the largest percentage of Latine/x students so that they can expand civil rights for these students. The HSI legislation is responsive, emerging from decades of advocacy and data revealing the systemic inequities that HSIs face. HACU has consistently shown that HSIs are underfunded compared to non-HSIs. Moreover, SHEEO reported that state level support is inequitable, with HSIs receiving the lowest per-student allocations when compared to other Minority-Serving Institutions (MSIs). The federal funding earmarked through Title V & Title III has been essential to HSIs and the students they serve.

But if the courts misinterpret the underlying purpose of the HSI legislation—to address inequities at the institutional and student level—the work cannot stop. First of all, HSIs will still be HSIs, or at least Hispanic-enrolling institutions, regardless of the law. The enrollment data show that Latine/x students are going to continue enrolling in colleges and universities, so we will continue to see many institutions enrolling 25% Latine/x students. Latine/x students have an unwavering commitment to pursuing higher education and are the present and future for many colleges and universities.

But second, and more importantly, our commitment to serving Latine/x students must remain intact. Here I offer some strategies for continuing to advance servingness regardless of what happens with the federal government, with Tennessee, and with Title V & Title III. We must reframe HSI because legislation, policy, and legislators should not dictate the ways we serve students.  

Strategy #1: Use the Servingness Framework

The servingness framework should continue to guide your work. The framework can be used to drive organizational change. Servingness is about action and movement, not about enrollment numbers. You can use the framework to assess the campus’s current efforts to serve Latine/x and other racially-ethnically minoritized students. This includes an assessment of the mission and purpose, strategic plan, institutional advancement activities, curriculum and pedagogy, student support services, engagement with the community, and campus physical and educational infrastructure.

Strategy #2: Disaggregate Data

Data disaggregation should continue to be an institutional practice. Use data to assess equity in persistence, course completion, graduation, and economic mobility. But you should also advocate for the use of institutional metrics that go beyond normative outcomes. Colleges and universities produce more outcomes than those valued by legislators—focus on those outcomes, too. Does your campus allow students to explore their social identities, learn how to be politically engaged, and volunteer in their communities? Does your campus enhance their critical consciousness and their desire to give back? If the answer is yes, then you should be measuring and valuing those metrics too! Acknowledging more than the traditional metrics is a form of servingness.

Strategy #3: Build Coalitions Across Minoritized Groups

The current administration under 47 seeks to divide us. The greatest form of resistance is a united front. While the Tennessee lawsuit purports that HSIs are divisive and seek to only serve Latine/s students, that is inaccurate. Educators and leaders at HSI must be more intentional in building and supporting coalitions across racial-ethnic and economic lines. Launching an HSI committee is the perfect opportunity to enhance solidarity. Instead of appointing all the Latine/x people on campus to the committee, be more intentional about appointing a diverse group of educators. Moreover, HSIs must realize that many are multi-designated institutions. In a recent episode of Qué pasa, HSIs? Dr. Kristine Jan Cruz Espinosa made it clear that the number of multi-designated MSIs will grow into the near future. Having multiple designations provides another opportunity for coalition building. Latine/x students are also complex, and many identify with multiple categories beyond Hispanic/Latine/x. We must allow them to live authentic lives as mixed people with intersectional identities while building solidarity across groups.

Strategy #4: Resist, Speak Up, and Advocate

I know that we are all overwhelmed and completely disheartened by the attacks on DEI, MSIs, and colleges and universities, in general. And it is ok to rest, take care of yourself, and protect your soul. But don’t get stuck in that space. Now is the time to speak up. Now is the time to advocate. And now is the time to be on the right side of history. When my grandkids ask me what I was doing in 2025 when the U.S. slide into an authoritarian, fascist state, I’m gonna tell them that I fought like hell to stop it. And to be clear, resistance comes in many forms. Do what works for you. What is your sphere of influence? Start there. Writing is a form of activism. Publish op-eds, blog posts, and research that defends HSIs and all MSIs. Educate your campus on the importance of the HSI/MSI legislation. Share this blog post with your work besties and your colegas en la lucha. Call and write your senators and representatives. 5 calls makes it EASY to engage with your representatives, so there is no excuse! And as passive as it may feel, sharing on social media is an important form of advocacy. Reshare posts and Tik-Toks and Reels that are providing information about the resistance. It matters, believe me!!

We cannot allow 47’s regime or the Tennessee lawsuit to discourage or intimidate us! The lawsuit has important implications for the future of the federal designation and funds earmarked for HSIs, but it cannot erase Latine/x students or the legacy of HSIs. HSIs were born out of advocacy, including the students who demanded access to colleges and universities during the Chicano Movement, and the activists who spoke at legislative hearings in support of the HSI designation. We must honor the people who fought for us and continue to fight for those who will follow. Sigue la lucha!!

Resist placard photo by Lara Jameson on Pexels.