Attorney General James and Coalition Urge Colleges and Universities to Ensure Diverse Student Bodies

NEW YORK – New York Attorney General Letitia James, together with Connecticut Attorney General William Tong, Delaware Attorney General Kathy Jennings, Illinois Attorney General Kwame Raoul, Minnesota Attorney General Keith Ellison, New Jersey Attorney General Matthew Platkin, Vermont Attorney General Charity Clark and Washington Attorney General Nick Brown published an op-ed in Inside Higher Ed urging colleges and universities to seek out administration procedures that would ensure diverse student bodies. In the wake of the U.S. Supreme Court’s gutting of affirmative action and the U.S. Department of Justice’s recent guidance warning against the use of racial “proxies” in admissions, it is critical that colleges and universities prioritize lawful ways to incorporate socioeconomic and geographic factors in admissions processes.

The full text of the op-ed is available below and can be viewed online.

Two years ago, the Supreme Court dealt a devastating blow to opportunity in America when it gutted access to higher education for underrepresented groups. That decision was not only legally misguided but also turned a blind eye to the deep inequities that have long shaped our education system. Our colleges and universities scrambled to find lawful tools to ensure that their student bodies still reflected the breadth of talent and promise in this country.

One of those tools was Landscape, a program recently canceled by the College Board that gave admissions officers data about a student’s high school and neighborhood while explicitly excluding race or ethnicity.

Standardized test scores and GPAs never tell the whole story. Median family income, access to Advanced Placement courses, local crime rates and other key indicators help admissions officers see the full picture and provide crucial context to help identify high-achieving students from disadvantaged communities. These are students whom universities might otherwise overlook. Tools that give context level the playing field—not by lowering standards, but by lifting students up according to their merit and the obstacles they have overcome.

The Supreme Court, even in striking down diversity initiatives, still made clear that universities could explore race-neutral alternatives to achieve equity. The use of socioeconomic and geographic factors is exactly such an alternative. Despite U.S. Attorney General Pamela Bondi’s recent nonbinding guidance warning against the use of geographic indicators as “proxies” for race, make no mistake: abandoning consideration of these elements of an applicant’s background is not a legal requirement but a political choice, reflecting fear rather than courage.

Without tools that account for the barriers students face, colleges will fall back on practices that overwhelmingly favor the privileged, shutting out low-income and first-generation students who have already beaten the odds. This spoils opportunity for millions, and our campuses and our nation will suffer for it. Diversity is not a box to check; it is a vital engine of education and democracy. Classrooms that bring together students from different walks of life prepare all graduates to lead a diverse society, foster innovation and strengthen our communities.

We cannot allow the Supreme Court’s decision—and the chilling effect in its wake—to undo decades of progress. And we cannot allow educational institutions to abdicate their responsibility in this moment of crisis. The data that provides broader context for applicants remains available, but without the will to use it, too many doors will remain closed for the students who need them most.

America has always promised to reward hard work and perseverance, no matter where you come from. That promise rings hollow if we allow the wealthy and well connected to monopolize educational opportunity. Colleges and universities must honor that promise by continuing to seek out and support students who have succeeded against the odds. Fairness demands it, equal opportunity requires it, and the future of our country depends on it.