Education Department Drops Its Appeal and Abandons the Anti-DEI 'Dear Colleague' Letter

On January 22, 2026, the Department of Education signed a joint motion dismissing its appeal of a ruling that had blocked its February 2025 "Dear Colleague" letter on diversity, equity and inclusion, effectively ending its effort to enforce the guidance. The 2025 letter, invoking Students for Fair Admissions v. Harvard, told schools and colleges that "treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal," and threatened the loss of federal funding.

In American Federation of Teachers v. U.S. Department of Education, U.S. District Judge Stephanie Gallagher of the District of Maryland issued a preliminary injunction in August 2025, resting on procedural violations of the Administrative Procedure Act rather than the letter's substance. The department appealed in October 2025 before withdrawing in January 2026.

The retreat left the injunction in place and raised questions about 51 Title VI investigations into universities that had been opened on the basis of the letter. Related lawsuits challenging broader anti-DEI measures remained pending.