Guidance on Federal Regulations and Executive Orders

Below you will find updates and resources regarding the actions and policies of the new administration in Washington. Please note that this is not an exhaustive report of all government activity and that the focus is on the orders most directly relevant to RISD operations.

Last updated: Mar 7, 2025

RISD is closely following the actions and policies of the changing landscape, monitoring how government directives may impact operations, and assessing the meaningful differences between directives and federal and state laws and how those differences relate to operations legally. The implications of many of these measures are unclear and will likely depend on how they are interpreted and applied, both by agencies and, ultimately, the courts. 

RISD remains committed to our institution’s mission and values—and to ensuring that every member of our community can thrive in an atmosphere free from discrimination.

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Executive Order: Securing Our Borders includes several provisions aimed at securing US borders, such as deterring and preventing the unlawful entry of undocumented noncitizens into the country, detaining and removing undocumented noncitizens in violation of immigration law, and partnering with state and local law enforcement to enforce federal immigration law.

Executive Order: Protecting the American People Against Invasion requires the attorney general and the secretary of Homeland Security to review contracts, grants, and agreements between the federal government and “non-governmental organizations supporting or providing services, either directly or indirectly, to removable or illegal aliens.” The order allows the secretary of Homeland Security to deputize state and local law enforcement officials to serve as immigration officers and permits the secretary of the Treasury to facilitate all visa bonds permitted under law. The executive order directs the review of temporary protected status designations made by the Biden administration and ensures employment authorizations are provided in a manner consistent with federal law. Under the executive order, “sanctuary jurisdictions” are not permitted to receive federal funds. RISD is currently monitoring the situation.

_{Updates as of 2/24/25:}

• On January 21, 2025, the Department of Homeland Security (DHS) issued a directive that rescinded a long-standing policy that identified schools, hospitals, and churches as “sensitive locations” and limited them from immigration enforcement actions. As a result, Immigration and Customs Enforcement will no longer treat these “sensitive locations,” including college campuses, any differently from other locations. Further, the Department of Justice has instructed federal prosecutors to pursue charges against state or local officials who attempt to thwart federal immigration enforcement efforts.
• On January 25, 2025, a group of Chicago organizations sued the federal government, arguing that their “sanctuary city” policies are lawful and that the federal government’s recent actions, including immigration raids, violate their First Amendment rights.
• On February 5, 2025, Attorney General Pam Bondi ordered the defunding of jurisdictions that refuse to cooperate with federal immigration authorities.
• On February 6, 2025, the Department of Justice sued the City of Chicago and others, asserting, among other things, that its “sanctuary city” policies violate federal immigration law and the Supremacy Clause of the Constitution.
• On February 7, 2025, the City of San Francisco joined by Portland, Oregon, New Haven, Connecticut, and King County, Washington filed a lawsuit seeking to declare the Executive Order unlawful and to prevent its enforcement. 
   

Laken Riley Act: This bill requires the Department of Homeland Security (DHS) to detain certain non-US nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement in order to stop the issuance of nonimmigrant and immigrant visas to so-called “recalcitrant countries.” Recalcitrant countries are defined as those who are slow to or do not accept their nationals who the US seeks to deport. Under this bill, DHS must detain an individual who (1) is unlawfully present in the US or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.

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Executive Order: Protecting the Meaning and Value of American Citizenship ends birthright citizenship, in which individuals born in the US are American citizens, regardless of their parents’ status in the country. The order extends to individuals born to mothers lawfully but temporarily in the US, such as on student visas, where the father is not a US citizen or lawful permanent resident.

_{Updates as of 2/24/25:}

• Multiple plaintiffs, including the City of San Francisco, California, New Jersey, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, Wisconsin and the District Of Columbia have all filed suit to challenge the Executive Order from revoking birthright citizenship. In Boston, U.S. District Court Judge Leo Sorokin, noting that the preliminary injunction in San Francisco’s case would apply nationwide, writes that the ruling “is based on straightforward application of settled Supreme Court precedent reiterated and reaffirmed in various ways for more than a century by all three branches of the federal government.” Additionally, Senate Democrats are working to introduce a new bill, the Born in the USA Act, which would prevent any government funds from being used to enforce Trump’s EO regarding birthright citizenship. 
   

Executive Order: Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats requires “enhanced vetting” and screening of individuals both seeking admission to and already in the US, including F-1 and J-1 students. Within 60 days, the secretaries of State and Homeland Security, with the attorney general and director of National Intelligence, must produce a report identifying countries with insufficient vetting and security processes to warrant suspending admission of these nationals to the US. The executive order further requires the evaluation of all visa programs to ensure hostile nations are not harming the “security, economic, political, cultural, or other national interests of the US.” RISD is currently monitoring the situation.

_{Updates as of 2/24/25:}

• On February 6, 2025, Secretary of State Marco Rubio designated eight cartels as Foreign Terrorist Organizations pursuant to Section 219 of the Immigration and Nationality Act.
• On February 20, 2025, the U.S. Department of State released a statement that such actions were taken pursuant to the Act and the EO. As a result, all property and interests in property of those designated today that are in the United States or that are in possession or control of a U.S. person are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. Moreover, designations can assist law enforcement actions of other U.S. agencies and governments. 
   

Executive Order: Realigning the United States Refugee Admissions Program suspends the entry of refugees into the US through the US Refugee Admissions Program (USRAP) indefinitely. However, the secretaries of the Department of State (DoS) and DHS may allow the entry of certain refugees on a case-by-case basis.

_{Updates as of 3/7/25:}

• On February 10, 2025, a coalition of faith organizations, refugees, and U.S. citizens filed a lawsuit in Seattle seeking a temporary restraining order, a preliminary injunction, and a permanent injunction over both the executive order itself and associated moves by various agencies in service of implementing the order.
• On February 25, 2025, a federal judge in Washington issued a preliminary injunction thereby preventing the defendants from enforcing the executive order, suspending refugee processing, and suspending funds. 
   

Executive Order: Additional Measures to Combat Anti-Semitism sets the administration’s policy to combat antisemitism “using all available and appropriate legal tools” and directs each agency head to submit a report detailing all pending administrative complaints of antisemitism against or involving institutions of higher education. The Attorney General is directed to include an analysis of all court cases involving institutions of higher education alleging civil rights violations and the Secretary of Education to include an analysis of all Title VI complaints related to antisemitism pending or resolved after October 7, 2023. Further, the order directs reports to include recommendations for “familiarizing institutions of higher education with the grounds for inadmissibility” for alien students that take certain actions or espouse support for terrorist organizations as defined under 8 U.S.C. 1182(a)(3) of the Immigration and Nationality Act. The executive order sets expectations for institutions to report such activities so the federal government may investigate and potentially initiate removal. RISD is monitoring the situation and working to assess the potential impact of this executive order.

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• On February 3, 2025, the Justice Department annouced formation of a multi-agency Task Force to Combat Anti-Semitism. Its first priority is to root out anti-Semitic harrassment in schools and on college campuses.
• On February 28, 2025, the Federal Task Force to Combat Anti-Semitism announced that it will be visiting 10 university campuses (Columbia University; George Washington University; Harvard University; Johns Hopkins University; New York University; Northwestern University; the University of California, Los Angeles; the University of California, Berkeley; the University of Minnesota; and the University of Southern California) that have experienced antisemitic incidents since October 2023.

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Dear Colleague Letter: On February 14, 2025, the Acting Assistant Secretary for the Department of Education released a Dear Colleague Letter (“DCL”) purporting to clarify and reaffirm the nondiscrimination obligations of schools that receive federal funding. The DCL notes that although the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard addressed admission decisions, it states that the holding is broader — that race cannot be used in decisions pertaining to “admissions, hiring, promotion, compensation, financial aid, scholarship, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life…put simply, educational institutions may neither separate or segregate based on race, nor distribute benefits or burdens based on race.” It also states that “[a]though some programs may appear neutral on their face, a closer look reveals that they are, in fact, motivated by racial considerations.” The letter directs schools and universities to comply within 14 days and notes that those that fail to do so face potential loss of federal funding. Notably, a Dear Colleague Letter does not make law. however, as indicated by the DCL itself, it provides notice of how the DOE will interpret existing federal law. RISD is monitoring the situation and working to assess the potential impact of this DCL.

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• On February 28, 2025, the DOE issued a press release and shared an FAQ to address questions related to the DCL. The FAQ offers additional detail, saying, for example, programs focused on particular cultures do not violate Title VI, as long they are open to all students. Likewise, the FAQ states that observances such as Black History Month, International Holocaust Remembrance Day, or similar events would also not violate the law. Since the DCL letter was issued, it has been challenged in federal court.
• The ACLU, NEA, and NEA-New Hampshire filed a suit against the DOE on March 5, 2025.
• On March 5, the Attorney Generals of several states, including Rhode Island, issued joint AG guidance regarding the DCL to address the SFAA v. Harvard decision and clarify the legal landscape for schools, including colleges and universities, operating in those states. The joint AG Guidance encourages these institutions to continue fostering DEI and accessibility among their student bodies. 
   

Executive Order: Ending Illegal Discrimination and Restoring Merit-Based Opportunity directs all federal agencies to end DEI preferences, mandates, policies, programs, and activities. It revokes executive order 11246, which has required federal contractors to have affirmative action plans since 1965. The executive order directs the attorney general and secretary of Education to issue guidance to state and local educational agencies and institutions of higher education that receive federal funds or participate in the Title IV federal student loan assistance program on “the measures and practices required to comply with Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.” RISD is monitoring the situation closely and working with campus partners to identify areas that could be subject to this executive order.

_{Updates as of 2/24/25:}

• Federal agencies are directed to propose, within 120 days from January 20, an enforcement plan to identify key sectors of concerns and establish a plan to deter DEI programs or principles, including a plan to identify up to nine potential civil compliance investigations of institutions of higher education with endowments over $1 billion.
• The order directs the attorney general and education secretary to create guidance for colleges and universities on how to comply with the 2023 Supreme Court ruling, which banned the use of race-conscious admissions policies.
• On February 3, 2025, groups representing university diversity officers, college professors, and restaurant workers, along with Baltimore city officials filed a lawsuit, National Association of Diversity Officers in Higher Education, et al. v. Trump, seeking declaration that two of President Trumps DEIA Executive Orders are unlawful and blocking their enforcement. The Trump Administration has not yet filed an official answer to the complaint, and no decisions or orders related to the lawsuit have been issued by the court.
• On February 5, 2025, United States Attorney General Pam Bondi issued memoranda, titled “Ending Illegal DEI and DEIA Discrimination and Preferences.” This memo directs the Civil Rights Division of the Department of Justice (DOJ) to “investigate, eliminate, and penalize illegal DEI and DEIA preferences, mandates, policies, programs, and activities in the private sector and in educational institutions that receive federal funds.” In particular, the memorandum states that DOJ “will work with the Department of Education to issue directions” and that DOJ’s Civil Rights Division will pursue unspecified “actions” regarding “the measures and practices required” for compliance with federal law.
• On February 13, 2025, multiple Attorney Generals, including Rhode Island, released a “Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives” stating that “DEI and accessibility practices are not illegal and that the federal government does not have the legal authority to issue an executive order that prohibits otherwise lawful activities in the private sector or mandate the wholesale removal of these policies and practices…” It stated that policies and practices help prevent workplace discrimination, are consistent with federal and state law, and provided best practices.
• On February 14, 2025, the Acting Assistant Secretary for the Department of Education released a Dear Colleague Letter (“DCL”). See the top of this section for details about the DCL.
• On February 21, 2025, a federal judge in the District Court of Maryland granted a temporary injunction blocking portions of President Trump’s Executive Orders “Ending Illegal Discrimination and Restoring Merit Based Opportunity” (“14173”) and “Ending Radical and Wasteful Government DEI Programs” (“14151”) (collectively the “EOs”). This is a temporary nationwide ban on certain portions of the EOs. RISD is monitoring the situation closely and working with campus partners to identify areas that could be implicated. 
   

Executive Order: Defending Women from Gender Ideology Extremism and Restoring Biological Truth To The Federal Government defines sex strictly as male or female, directing agencies and federal employees to enforce sex-protective laws without recognizing other gender identities. It requires the secretaries of State, director of Homeland Security, and Office of Personnel Managment to update identification documents, such as passports and visas, to align with this definition. It also prohibits federal funding for promoting gender ideology, leaving agencies discretion to assess grants, which could affect research depending on interpretation and enforcement. RISD is assessing the potential impact of these actions.

_{Updates as of 2/24/25:}

• On January 28, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair annouced pursuant to Executive Order 14168, the EEOC ended the use of “X” gender marker during intake process for filing a charge of discrimination, directed modification charge of discrimination and related forms to remove “Mx.” from prefix options, commenced review of content of the EEOC's “Know Your Rights” poster, and removed materials promoting gender ideology on the EEOC‘s internal and external websites and documents.
• On February 4, 2025, the United States Department of Education’s Office for Civil Rights (OCR) issued new guidance to K-12 schools and institutions of higher education advising educators and administrators that OCR will enforce Title IX using the interpretation of “sex” to mean “the objective, immutable characteristic of being born male or female.”
• On February 11, 2025, in Doctors for America v. Office of Personnel Management et. al., a federal judge in Washington D.C. ordered that the Department of Health and Human Services, Center for Disease Control, and Food and Drug Administration restore their websites to the versions as of January 30, 2025 and to also work with Doctors for America to identify other resources that they relied upon that were removed or substantially modified after January 29, 2025 with adequate notice or reasonable explanation. These websites and data had been removed to be in compliance with Trump's EO on gender ideology while litigation moves forward. RISD is monitoring the situation closely and working with campus partners to identify areas that could be implicated. 
   

Executive Order: Ending Radical and Wasteful Government DEI Programs and Preferencing requires federal agencies to terminate “equity-related” grants or contracts, and all DEI or DEIA performance requirements for employees, contractors, or grantees. Agencies are also directed to provide a listing of all “Federal contractors who have provided DEI training or DEI training materials to agency or department employees,” and all “Federal grantees who received Federal funding to provide or advance DEI, DEIA, or ‘environmental justice’ programs, services, or activities since January 20, 2021.” RISD is monitoring this situation closely and working to identify any areas that could be subject to this executive order.

_{Updates as of 2/24/25:}

• As indicated in their press conference released on January 23, 2025, the U.S. Department of Education has dissolved the Department’s Diversity & Inclusion Council, dissolved the Employee Engagement Diversity Equity Inclusion Accessibility Council (EEDIAC) within the Office for Civil Rights (OCR), cancelled ongoing DEI training and service contracts, and withdrew the Department’s Equity Action Plan. U.S. Department of Education has also placed Career Department staff tasked with implementing the previous administration’s DEI initiatives on paid administrative leave and identified for removal of over 200 web pages from the Department’s website that housed DEI resources and encouraged schools and institutions of higher education to promote or endorse these programs.
• The February 14, 2025 Dear Colleague Letter (“DCL”) from the Department of Education advised institutions to “(1) ensure that their policies and actions comply with existing civil rights law; (2) cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends; and (3) cease all reliance on third-party contractors, clearinghouses, or aggregators that are being used by institutions in an effort to circumvent prohibited use of race.” See the top of this section for details about the DCL.
• On February 21, 2025, a federal judge in the District Court of Maryland granted a temporary injunction blocking portions of President Trump’s Executive Orders “Ending Illegal Discrimination and Restoring Merit Based Opportunity” (“14173”) and “Ending Radical and Wasteful Government DEI Programs” (“14151”) (collectively the “EOs”). The court emphasized that “ensuring equity, diversity, and inclusion has long been a goal, and at least in some contexts arguably a requirement, of federal anti-discrimination law.” The court ordered that the Trump Administration shall not: pause, freeze, impede, block, cancel, terminate or change the terms of any current awards, contracts or obligations; require any grantee or contractor to make any “certification” or other representation regarding whether they promote DEI; or bring any False Claims Act enforcement action, or other enforcement action under the anti-DEI Executive Orders. This is a temporary nationwide ban on certain portions of the EOs. RISD is monitoring the situation closely and working with campus partners to identify areas that could be implicated. RISD is monitoring the situation closely and working with campus partners to identify areas that could be implicated. 
   

Executive Order: Initial Rescissions of Harmful Executive Orders and Actions rescinds 78 executive orders from the Biden administration, including those aimed at increasing equity and economic opportunity for underrepresented students, tribal colleges and universities, and Hispanic-serving institutions (HSIs). Rescinded orders include Executive Order 14124 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity Through Hispanic-Serving Institutions); Executive Order 14110 (Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence); Executive Order 14087 (Lowering Prescription Drug Costs for Americans); Executive Order 14050 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans); Executive Order 14049 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities); Executive Order 14045 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics); and Executive Order 14041 (Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity).

Executive Order: Ending Radical Indoctrination in K-12 Schooling seeks to “ensure that recipients of Federal funds providing K-12 education comply with all applicable laws prohibiting discrimination in various contexts and protecting parental rights.” It calls on the secretaries of Education, Defense, and Health and Human Services to recommend an “Ending Indoctrination Strategy” to eliminate federal funding for programs that promote “anti-American, subversive, harmful and false ideologies,” including resources based on “gender ideology” and “discriminatory equity ideology.” RISD is monitoring the situation and working to assess the potential impact of this executive order.

_{Updates as of 3/7/25:}

• On February 14, 2025, the Acting Assistant Secretary for the Department of Education released a Dear Colleague Letter (“DCL”). K-12 schools, as well higher education institutions, are expected to comply. See the top of this section for details about the DCL.
• On February 27, 2025, the U.S. Department of Education launched EndDEI.Ed.Gov, a public portal for parents, students, teachers, and the broader community to submit reports of discrimination based on race or sex in publicly-funded K-12 schools.

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Effective January 29, 2025, the Office of Management and Budget (OMB) rescinded Memo M-25-13, which had previously directed a pause on grant-related activities across federal agencies. The pause, announced on January 28, 2025, impacted various aspects of federal agency operations, including federal advisory committee activities, panel reviews, the issuance of new awards and solicitations, the distribution of funds under open awards, study sections, and other related activities.

Because of the OMB Memo, the District of Rhode Island issued a Temporary Restraining Order (TRO) in the case New York et al. v. Trump. The TRO directly impacts ongoing actions, including administrative measures taken by the Office of Management and Budget (OMB) and its purpose was to continue the status quo by prohibiting the freezing of funds Congress appropriated and authorized. Specifically, federal agencies cannot pause, freeze, impede, block, cancel, or terminate any awards or obligations on the basis of the OMB Memo, or on the basis of the President’s recently issued Executive Orders. This prohibition applied to all awards or obligations—not just those involving the Plaintiff States—and also applies to future assistance (not just current or existing awards or obligations). Agencies may exercise their own authority to pause awards or obligations, provided agencies do so purely based on their own discretion—not as a result of the OMB Memo or the President’s Executive Orders—and provided the pause complies with all notice and procedural requirements in the award, agreement, or other instrument relating to such a pause.

_{Updates as of 3/7/25:}

• On February 12, 2025, Judge McConnell issued another Order denying the Defendants’ Motion to Stay the Court’s Order pending appeal. But, as the Court reaffirmed, the TRO permits the Defendants to limit access to funds based on actual authority from applicable statutes, regulations, and terms. The Court is also still hearing it because it thinks that the matter is not moot — that the evidence shows that the OMB Directive Rescission was essentially in name only and that its substantive effect still carries on.
• On February 21, 2025, the Court heard the case to determine whether to issue a preliminary injunction.
• On March 6, 2025, the District of Court of Rhode Island issued a Memorandum and Ruling granting a preliminary injunction that prohibits the halting of funeral funds through grants, contracts, or other financial assistance based on the OMB memo. Specifically, the agency defendants are enjoined from (1) reissuing, adopting, implementing, giving effect to, or reinstating under a different name the OMB Memo and (2) pausing, freezing, blocking, cancelling, suspending, terminating, or otherwise impeding the disbursement of appropriated federal funds under awarded grants, executed contracts, or other executed financial obligations. The defendants are also required to provide written notice of the order to all federal departments and agencies to which the OMB was directed.

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