LANSING, Mich. — Michigan Attorney General Dana Nessel announced Thursday that she has joined a coalition of 19 attorneys general in filing a lawsuit against the U.S. Department of Education, challenging what she calls an “unlawful” effort to restrict federal education funding over diversity, equity, and inclusion (DEI) programs.

@MIAttyGen today sued the Trump Administration over unlawful funding conditions on K-12 Schools, including nearly $1.3 Billion awarded to the Michigan Department of Education. pic.twitter.com/E4dAvaVydt

— Michigan Attorney General Dana Nessel (@MIAttyGen) April 25, 2025

The lawsuit stems from an April 3 letter in which the Education Department instructed states to certify that they are not operating programs that conflict with the Trump Administration’s interpretation of Title VI of the Civil Rights Act of 1964. Nessel and her counterparts argue that the new interpretation is vague, legally incoherent, and threatens to cut off critical education funds—potentially devastating programs serving low-income students, English-language learners, special education needs, and children in foster care.

Be the first to know when news breaks. Click here to get my FREE newsletter.

“That the federal government would strangle our schools and shutter classrooms to achieve their political attacks on DEI programming is appalling,” Nessel said. “We’re fighting just to keep special education in our public schools.”

According to state figures, Michigan was allocated more than $1.2 billion in federal education aid for fiscal year 2024.

The lawsuit argues that the Biden administration’s directive violates the Spending Clause, Appropriations Clause, separation of powers, and the Administrative Procedures Act by imposing new conditions on federal funding without clear legal authority.

The other side: critics argue DEI initiatives themselves are discriminatory

Supporters of the federal government’s stance, however, argue that many DEI programs across the country are discriminatory by nature and may violate the Civil Rights Act by treating students differently based on race, color, or national origin.

In a public statement earlier this month, U.S. Secretary of Education Miguel Cardona emphasized that Title VI guarantees equal treatment and prohibits race-based programming that could lead to exclusion or favoritism. Critics of DEI efforts—including civil rights groups such as the Center for Equal Opportunity—say that certain DEI policies, while well-intentioned, have resulted in racial quotas, race-based scholarships, and segregated spaces, raising constitutional and ethical concerns.

“The Department’s guidance is about ensuring compliance with longstanding civil rights law,” an Education Department spokesperson told media outlets. “Programs that give preferential treatment based on race are not lawful under Title VI.”

The Biden administration contends that clarifying the application of Title VI is necessary to ensure that no student is treated unfairly because of their race or ethnicity.

The dispute highlights the growing national divide over DEI efforts in education. Some states, such as Florida and Texas, have moved to eliminate or restrict DEI programs in schools and universities, citing concerns about reverse discrimination and political indoctrination, while others, like Michigan, view such programs as essential tools to promote equality and access.

The lawsuit was filed in the U.S. District Court for the Northern District of California.