On June 29, 2023, the US Supreme Court made a landmark decision, ruling against racial profiling. affirmative action College admissions policies. The 6-3 decision concluded that using race as a factor in admissions violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. The decision marked a significant shift in the landscape of higher education, prompting universities across the nation to reevaluate how they approach diversity, equity and inclusion. (DEI). With the end of affirmative action, educational institutions are now faced with the challenge of maintaining a diverse student body and ensuring equity. However, while these changes have taken place, legacy admissions – a practice often seen as a practice of maintaining privilege – remain intact. Can DEI programs fill the gap left by affirmative action, or are we facing a widening gap in access and opportunity?
SC Ban on Race-Based Admissions: How Are American Universities Affected?
After the Supreme Court’s verdict, the universities have started to feel its impact. Enrollment data from prestigious institutions such as Yale University and MIT provide a snapshot of the demographic changes taking place. As reported by ABC News, the racial makeup of Yale University’s Class of 2028 remained largely the same as the previous year’s class, with African American and Native American percentages holding steady. There were smaller changes in Hispanic/Latino and international student groups, while Asian American representation decreased by 6%, and the white student population increased by 4%. At the Massachusetts Institute of Technology (MIT), black and Hispanic/Latino student numbers decreased significantly, while the Asian American demographic increased by 7%. Princeton University saw a 1% decrease in Hispanic/Latino students, along with a slight decline in Asian and international student numbers. The Class of 2028 at Princeton is composed of 31.3% white students, with 7.7% of students reporting unknown racial identities.
A report by The Chronicle of Higher Education Further underscoring the magnitude of this change, black student enrollment at many selective colleges has declined sharply, with some institutions reporting declines of more than 20%. This mirrors earlier trends seen in California and Michigan, where affirmative action bans had similar effects on minority representation. The impact of these changes goes beyond numbers—fewer black students on campus reduce the diversity of perspectives that is essential for a well-rounded educational experience. Such a loss of diversity can undermine the very essence of what higher education aims to provide: a place for students to engage with a wide range of ideas and worldviews.
Legacy Preferences: A continuing source of privilege
Although affirmative action has been abolished, legacy admissions remain a controversial and persistent practice at elite universities. Legacy admissions give preferential treatment to children of alumni, often giving them an advantage in the admissions process. This practice, which is particularly prevalent at Ivy League schools, has been criticized for perpetuating inequality, as it disproportionately benefits wealthier, predominantly white families who have historically had greater access to higher education.
A study by History of Higher Education Legacy applicants are more likely to be admitted than their peers, with legacy students being admitted at rates two to three times higher than non-legacy students with similar academic credentials.
While the end of affirmative action has reduced minority enrollment at top universities, legacy admissions continue to favor a particular demographic—those from well-to-do, predominantly white backgrounds. This creates a situation where, even without caste-based considerations, access to elite education is disproportionately skewed in favor of wealthier families. This discrepancy underscores the limitations of a merit-based admissions system that fails to account for the intergenerational benefits conferred on wealthier families through legacy preferences. The continued existence of legacy admissions adds to the challenge of achieving true equity in higher education.
DEI Programs: A Path to Equity?
With affirmative action no longer an option, universities are making a comeback DEI initiatives As a possible solution. These programs focus on fostering an inclusive campus environment by promoting diversity through a variety of factors, including socioeconomic status, first-generation college student status, and community involvement. Many schools have also increased efforts to recruit and retain underrepresented students and faculty, as well as to address systemic barriers that have historically hindered minority access to higher education.
However, DEI initiatives, while valuable, are not a perfect alternative to race-conscious enrollment. These programs primarily focus on creating a supportive and inclusive environment for underrepresented students once they arrive on campus. Without race-conscious admissions, the pipeline to top universities for more marginalized groups may become more restricted. Therefore, DEI initiatives may not be the ideal solution.
Emergence of Anti-DEI Laws
The Supreme Court decision also led to an increase in anti-DEI laws in the United States. According to History of Higher EducationAim for more than 85 bills DEI programs Introduced in various states, 14 have already been enacted into law. These laws seek to eliminate or restrict a range of DEI programs, including mandatory training, diversity statements in admissions, and race-conscious policies in admissions. In states such as Florida and Texas, laws have been passed to restrict DEI funding, further reducing the resources available for initiatives that support underrepresented students.
While proponents of these laws argue that DEI programs promote segregation and reduce achievement, critics argue that they harm the students these initiatives were designed to help. The elimination of DEI programs poses a significant challenge to colleges that have long relied on these initiatives to ensure equal access to higher education for students from marginalized communities. As DEI programs face increased scrutiny and funding cuts, the future of diversity and inclusion in higher education remains uncertain.
Since the Supreme Court’s decision on caste-based admissions to state-level bans on DEI funding, the landscape of higher education is changing significantly. As a result, many organizations are being forced to rethink or scrap DEI programs that have been in place for decades.
How DEIs Can Save the Game
DEI programs are critical to fostering an environment where all students, regardless of their background, can thrive. As student demographics have changed over the past few decades, many colleges have seen an increase in diversity not only in race and ethnicity but also in age, socioeconomic status, and other identities. Data from the National Center for Education Statistics show that from 1980 to 2021, enrollment growth among non-white students outpaced that of white students, reflecting a broader societal trend toward greater diversity.
DEI programs also play an important role in preparing students for a globalized workforce. As the workplace becomes more diverse, employers are looking for individuals who can navigate and thrive in a multicultural environment. By promoting diversity and inclusion on campuses, DEI programs help ensure students are prepared to meet the demands of an increasingly interconnected world.
Here are some ways in which DEI initiatives can help bridge the gap created by affirmative action restrictions, while legacy admissions still favor certain groups:
Focus on socioeconomic factors
DEI programs can prioritize socioeconomic status, ensuring that students from low-income backgrounds, regardless of race, have access to higher education. By focusing on factors such as family income, first-generation college status, and community background, DEI can help ensure that underrepresented groups still have pathways to success without relying on race-based admissions.
Holistic entry approach
DEI can encourage the use of a holistic admissions process, which looks beyond academic scores and legacy status to include other aspects of a candidate’s profile. This may include considering personal achievements, leadership roles, overcoming challenges, community involvement, and extracurricular activities. Such an approach gives more diverse applicants a fair chance to be admitted.
Fostering an inclusive campus environment
While legacy enrollment may still retain certain demographic advantages, DEI efforts can work to ensure that the campus environment is welcoming and inclusive for all students. These can include mentorship programs, cultural centers, and support systems that help students from diverse backgrounds feel valued and succeed once they enroll.
Faculty diversity and representation
DEI initiatives can focus on recruiting and retaining more diverse faculty. A diverse faculty provides students with role models from diverse backgrounds and perspectives. This can help ensure that students from under-represented groups see themselves represented and supported in academic leadership, leveraging the benefits that legacy admissions provides.
Community outreach and pipeline programs
DEI programs can focus on creating strong community outreach efforts and pipeline programs that encourage and prepare underrepresented students for college. By providing tutoring, career development, and internship opportunities, these programs ensure these students have the skills and resources they need to compete effectively in the college admissions process, even in a system that may still benefit legacy applicants.
Partnerships with high schools and nonprofit organizations
DEI initiatives can partner with schools and nonprofit communities to provide educational resources, college application support, and career guidance. Such collaborations can help students navigate the admissions process more effectively, leveling the playing field even when race-conscious policies are no longer in place.
Focus on equity in financial aid
Because legacy students often benefit from family wealth, DEI programs can help bridge this gap by ensuring that financial aid policies are designed to provide equal opportunities for students from low-income families. By prioritizing need-based financial aid over merit-based scholarships, DEI initiatives can provide underrepresented students with a more equal opportunity to attend college.
Long-term structural changes
DEI can advocate for long-term institutional changes aimed at addressing structural inequalities in higher education. This could include revisiting and revising admissions criteria that may still disproportionately favor legacy applicants and ensure that all students, regardless of background, have equal access to opportunities both during and after their education.
What is the way forward?
As the higher education landscape continues to evolve, it is clear that a new, more comprehensive approach to college admissions and diversity is needed. While DEI programs have an important role to play in supporting underrepresented students, they cannot replace the need for race-conscious admissions policies that consider the broader social and historical factors that contribute to inequality. Universities should embrace a more holistic admissions process, one that considers the full range of challenges facing marginalized students—challenges that often intersect with race, class, and access to resources.
Additionally, legacy admissions should be critically reevaluated. The continued existence of this practice undermines the goal of creating a more equitable admissions process, as it perpetuates privilege among families with historical ties to elite institutions. A reformed admissions system would de-emphasize legacy status and instead focus on the merits, potential, and diverse experiences students bring to campus.