AACE Urges Support for the U.S. Department of Education’s Plan to Enforce the Supreme Court’s Ruling in SFFA v. Harvard/UNC on College Admissions
Despite the U.S. Supreme Court’s landmark rulings in SFFA v. Harvard and SFFA v. UNC in 2023, which banned the use of race and race proxies in college admissions, some institutions continue to find unlawful ways to circumvent these decisions.
In the Northeast, Yale University allegedly used race proxies to reduce its Asian enrollment from 30% in 2023 to 24% in 2024. Similarly, Duke University saw a decline in Asian enrollment from 29% to 23% during the same period.
On the West Coast, the University of California (UC) system eliminated standardized testing as part of its admissions process in 2021 in order to achieve racial equity. This removal of objective criteria has enabled the UC system to expand its use of subjective measures, including race proxies, to discriminate against Asian-American applicants. These policies have led to appalling cases of discrimination, such as that of Stanley Zhong and numerous other highly qualified Asian-American applicants.
There is hope, however. The U.S. Department of Education, in its “Dear Colleague Letter,” issued through the Office for Civil Rights (OCR), emphasizes that colleges must fully comply with the Supreme Court’s SFFA rulings. The OCR explicitly bans the use of race proxies, stating that their use is unlawful “whether the proxies are used to grant preferences on an individual basis or a systemic one.” The letter also warns educational institutions that eliminating standardized testing to manipulate racial diversity is illegal.
The OCR has pledged to hold accountable any institution engaging in unlawful discrimination. It encourages individuals who believe they have been discriminated against to file complaints directly with the OCR.
To eradicate anti-Asian discrimination in college admissions, AACE urges all affected Asian-American applicants—particularly those unfairly rejected by Yale University, Duke University, or the University of California—to report their cases to the OCR.
Information about filing a complaint with OCR, including a link to the online complaint form, is available here: OCR: Discrimination Complaint Form | U.S. Department of Education. If yu plan to file a complaint, please contact [email protected] to consult with AACE.
Asian American Coalition for Education