Advocacy

Advocacy Update – August 22, 2025

By Sean Robins, NACAC’s director of advocacy

Thank you for joining us again for the third issue of the Advocacy Update on NACAC’s Admitted blog. While Congress remains in recess until Sept. 2, lawmakers face a narrow four-week window to reach an agreement and avoid a potential government shutdown when they return to Washington, D.C. In the meantime, much of the action has shifted to the executive branch and the courts. Over the past week, the Trump administration has advanced a series of proposed rules that carry significant implications for college access and affordability. Meanwhile, federal courts have begun weighing in on key issues, stepping in to check instances of executive overreach and addressing new complexity to an already shifting environment for students, families, and institutions.

Policy & Legislative Updates 

A federal judge in Maryland has struck down the Trump administration’s and certification mandate that sought to ban race-conscious practices across education. Judge Stephanie Gallagher, a Trump appointee, ruled that the Education Department bypassed federal procedures and infringed on constitutional rights, creating a “sea change” that chilled lawful speech in classrooms. The ruling forces the department to reverse course, adding to earlier injunctions that had already blocked enforcement. While the department expressed disappointment, it emphasized a continued commitment to enforcing Title VI protections.

At the same time, state and federal anti-DEI actions are forcing campuses to shutter cultural and multicultural centers, spaces that are essential for student belonging and success. At least 12 institutions across six states have closed their centers this year, with Ohio’s new DEI ban accounting for nearly half of those closures. Students and faculty warn the rollbacks will leave first-generation and marginalized students without essential community and support.

Another proposal from the Education Department would exclude transgender and nonbinary students from the Civil Rights Data Collection for upcoming school years. The change would also strike gender identity from the definition of rape and sexual assault, narrowing the scope of protections at a time when advocates argue accurate data is critical to investigating discrimination. Public comments are open until Sept. 8.

The administration also is advancing new admission reporting requirements that could undermine access for first-generation and low-income students. Four-year institutions would be required to submit applicant-level data on race, sex, GPA, test scores, income, and Pell eligibility. While framed as a measure to expose “race-based preferencing,” experts warn it could pressure colleges to lean more heavily on test scores and GPAs, disadvantaging students from less affluent backgrounds. , this approach risks shutting out students whose potential is not captured by test scores, particularly those who are rural, low-income, or first-generation.

Affordability continues to drive student trust in higher education. A new Student Voice survey shows that while two-thirds of students trust their institutions, more than a third report declining confidence in higher education overall, underscoring the urgent need for affordability and student-centered support.

International enrollment also faces headwinds. A recent survey shows that while 91 percent of prospective students still plan to study in the U.S. and 99 percent trust the quality of American institutions, visa delays and shifting policies are creating barriers. Proposals to limit student visas to two or four years, combined with heightened scrutiny and the end of interview waivers, threaten to discourage students from enrolling. Advocates warn regional and community colleges could be most at risk.

Even with Congress in recess, the administration is advancing proposals that could significantly reshape access and opportunity. One proposal would narrow eligibility for Public Service Loan Forgiveness by tying forgiveness not only to an individual’s work, but also to whether their employer’s policies align with the president’s agenda. Borrowers working at organizations that offer gender-affirming care, provide sanctuary protections, or maintain DEI programs could lose access to loan relief — a shift critics describe as government overreach that undermines free speech and deters graduates from public service.

Disability advocates are also sounding alarms as the Education Department prepares to cancel hundreds of IDEA Part D grants, which fund technical assistance centers, parent resource networks, and special educator training. Many of these grants are mid-cycle but appear to have been flagged by AI scans for DEI-related language, raising concerns that crucial support for students with disabilities may soon disappear.

Federal courts have stepped in on multiple fronts to limit the administration’s actions. A judge recently blocked efforts to eliminate funding for congressionally mandated education research programs, affirming that the Education Department cannot ignore appropriations for initiatives like Comprehensive Centers and Regional Educational Laboratories. Another court ordered the phased rehiring of hundreds of staff in the Education Department’s Office for Civil Rights, acknowledging the strain the department faces in handling discrimination complaints with a diminished workforce. The return of hundreds of employees will begin in September, with full reinstatement expected by November. In both cases, the courts reinforced Congress’s role in setting education priorities and ensured students continue to receive legally mandated protections and services.

Meanwhile, financial aid administrators are warning that recent staff cuts at Federal Student Aid are having direct impacts on students. A NASFAA survey shows disruptions in processing, communication, and responsiveness are worsening, with 72 percent of institutions now reporting student-facing problems — up sharply from 59 percent in May. Combined with new loan caps and repayment changes under the One Big Beautiful Bill Act, these staffing shortages risk leaving students vulnerable to aid delays that could derail enrollment and persistence.

Congress is also demanding answers. are pressing Education Secretary McMahon for freezing forgiveness under Income-Based Repayment, citing a court order. Lawmakers argue the move was unnecessary, poorly communicated, and threatens long-term borrowers who risk losing out on relief before a key tax exemption expires. With more than 2 million borrowers enrolled in IBR, they are urging the department to restore forgiveness quickly.

Finally, the Education Department has rescinded longstanding guidance protecting English learners’ right to equal access. A 2015 Dear Colleague Letter had offered direction on identification, assessment, and support, as well as preserving heritage languages. Its removal follows the earlier closure of the Office of English Language Acquisition, further limiting federal support for EL students at a time when their numbers are growing nationwide.

NACAC Advocacy 

NACAC continues to be a strong voice for our members in federal policy discussions that directly affect students and the counseling profession. Our team is actively monitoring newly proposed rules from the administration and working closely with our partners to coordinate a collective response. These rules have significant implications for college access and affordability, and we are preparing opportunities for our members to make their voices heard through the public comment process. In the coming weeks, we will share guidance on how you can elevate your perspectives and help shape the policies that impact your work and your students’ futures.

At the same time, our advocacy efforts are extending into preparation for NACAC Conference 2025 in Columbus, Ohio, where federal action updates will be front and center. Nearly 140 education sessions are scheduled, covering a wide range of topics relevant to your daily practice and long-term professional growth. Alongside these sessions, attendees will have the chance to engage in the Access College Fair, Counselors’ College Fair, main stage presentations, and valuable networking events. Throughout the conference, our team will provide updates on current legislation, funding initiatives, and regulatory changes, ensuring that members have the latest information to guide their advocacy and professional decisions.

Whether through collective action on policy proposals or conversations at conference, NACAC is committed to equipping members with the tools and knowledge to advocate for students and strengthen the profession. We look forward to sharing more soon on how you can play a key role in these efforts. 

Ways You Can Take Action 

We are continuously updating our Take Action page with opportunities to make your voice heard. If you have not already, I encourage you to advocate on the urgent issues below. You can also view all active advocacy campaigns in the yellow column of the Take Action page. 

As we continue to navigate a rapidly changing policy landscape, one constant remains: our shared belief that access to education is both a right and a powerful force for change. The challenges described above highlight why collective advocacy is so essential, and why your voice as a counselor, educator, and advocate matters in shaping the future of college access and success.

As Nelson Mandela reminded us, “Education is the most powerful weapon which you can use to change the world.” NACAC will continue to stand with you in ensuring that this truth guides federal policy and practice. Together, we can safeguard opportunity, advance equity, and keep students at the heart of every decision.