By Sean Robins, NACAC’s director of advocacy

Welcome to the latest Advocacy Update on NACAC’s Admitted blog. This week has underscored the difficult and uncertain moment we face in education policy. With the federal government now in a shutdown, critical services are paused, new threats to civil rights enforcement are emerging, and funding streams remain unstable. The weight of these disruptions is being felt directly by students, families, educators, and institutions. In the midst of these challenges, NACAC remains committed to empowering admission counseling professionals and advancing policies that ensure the transformative power of postsecondary education is accessible to all.

Policy & Legislative Updates 

The federal government officially shut down on Oct. 1, creating immediate uncertainty for higher education, K–12 schools, and students nationwide. While student aid programs like Pell Grants and federal loans will continue, nearly all Department of Education staff have been furloughed. This pause affects financial aid support, civil rights enforcement, regulatory actions, and research funding, with new grants and peer review panels on hold. A prolonged shutdown could leave colleges navigating compliance gaps, stalled innovation, and financial uncertainty, while federal employees and families feel the immediate impact. You can read more about the impact of the government shutdown on education and college access in a previous post, Looming Government Shutdown Threatens Access and Stability.

The shutdown compounds existing risks in federal student aid. The Congressional Research Service has warned of a looming “default cliff” this fall, as millions of federal student loans face default with the expiration of COVID-19 relief measures. Over 4 million borrowers were already more than 180 days delinquent as of June 2025, and these numbers could nearly double, putting additional strain on borrowers, the Department of Education, and colleges’ federal aid eligibility.

The Trump administration is also taking an aggressive approach in how it uses the shutdown. By freezing more than $26 billion in previously approved funds — including climate and infrastructure projects in Democratic-led states — the White House is using the fiscal standoff to punish political opponents. At the same time, federal workers face furloughs or are required to work without pay, deepening the risks of a prolonged shutdown and amplifying disruption across sectors.

Civil rights enforcement is facing new strain as well. The First Circuit Court of Appeals has cleared the way for the Department of Education to move forward with layoffs that will cut nearly half of the staff in the Office for Civil Rights. The ruling, which followed a July Supreme Court decision allowing broader reductions at the department, comes at a time of rising caseloads. Advocates warn these cuts will severely limit OCR’s capacity to protect students experiencing discrimination and harassment, leaving schools with fewer avenues for accountability.

At the K–12 level, the Trump administration has cut nearly $9 million in expected Fostering Diverse Schools funding just weeks into the school year. Districts in Anchorage (AK), East Baton Rouge (LA), Miami-Dade, New York City, and Los Angeles relied on these grants to support racial and socioeconomic integration, and advocates warn that the termination accelerates trends toward resegregation.

The administration has also narrowed two school mental health grant programs, Mental Health Service Professional Demonstration grant program and School-Based Mental Health Services grant program. The relaunched programs direct $270 million solely to school psychologists while excluding counselors, social workers, and colleges from applying — a shift away from earlier efforts to build a diverse pipeline of school-based mental health professionals.

In higher education, disparities in federal support remain a major concern. A new report from the Center for American Progress and the Thurgood Marshall College Fund shows that HBCUs received less than 1 percent of federal research and development funding in fiscal year 2023, despite representing 3.2 percent of four-year institutions and producing nearly 18 percent of Black STEM graduates. The report urges Congress and the administration to set benchmarks, expand capacity-building investments, and ensure equitable access to federal research opportunities.

The Trump administration also is using funding decisions to exert political influence. Universities face new pressures through the “Compact for Academic Excellence,” which ties federal research funding to alignment with federal priorities on tuition, admission, and governance. Harvard faces potential suspension or debarment over alleged Title VI violations, and Kentucky has agreed to end in-state tuition for undocumented students following a Department of Justice lawsuit. Meanwhile, the administration is proposing to link federal research grants to ideological compliance, raising concerns about academic freedom and institutional autonomy.

Congressional scrutiny of higher education also is increasing. House and Senate antitrust committees are investigating how major enrollment management firms, the College Board, Ellucian, and Oracle use student data to guide tuition pricing and financial aid decisions, reflecting growing concern over opaque pricing practices.

Finally, access to higher student loans remains constrained. The Department of Education is maintaining a narrow definition of “professional programs” eligible for higher borrowing, excluding critical fields such as nursing, education, and mental health. Advisory committees warn this could push students toward private loans and limit the pipeline for essential professions.

NACAC Advocacy 

This week, NACAC continued to advance its advocacy on behalf of students, college admission counselors, and institutions navigating an increasingly volatile policy environment. On Sept. 30, the U.S. District Court for Massachusetts issued a landmark ruling in AAUP v. Rubio, a case NACAC joined through a amicus brief led by the Presidents’ Alliance on Higher Education and Immigration. The court struck down the administration’s policy of arresting and deporting noncitizen students and faculty for engaging in protected speech, affirming that noncitizens lawfully present in the United States hold the same First Amendment rights as citizens. The decision reinforces the principle that academic freedom and free expression cannot be curtailed on the basis of immigration status or political viewpoint.

NACAC also joined 53 higher education organizations in opposing the Department of Homeland Security’s proposed rule to impose fixed time limits on international students and exchange visitors. The proposed restrictions would disrupt degree completion, undermine experiential learning, and delay work authorization for researchers, threatening both U.S. colleges and the $44 billion economic contribution of international students. Together, the organizations urged DHS to withdraw the rule and instead rely on existing systems to address fraud concerns without destabilizing institutions or harming students.

Finally, NACAC joined more than 60 education organizations in calling on Congress to provide stability and transparency in federal higher education funding. Recent delays in FY 2025 allocations have already hindered program implementation and affected students and families. With FY 2026 appropriations approaching, NACAC and its partners urged lawmakers to ensure funds are spent as intended, preventing further disruption and safeguarding access for underserved students.

Through these efforts, NACAC continues to press for policies that protect free expression, preserve access, and uphold stable, equitable funding for education programs.

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. 

• Tell Congress: Save TRIO and Support College Access
• Tell Congress: Prioritize Visa Appointments for International Students and Scholars 
• Urge Congress to Protect Postsecondary Pathways 
• Tell Congress: International Students are Essential to America’s Safety, Economy, and Global Strength
• Tell Congress to Not Abandon Our National Commitment to Education
• Urge Congress to Protect Disabled Students 
• Don’t Flunk the Future Advocacy Toolkit 

These are challenging times for students, educators, and institutions, and the decisions being made at the federal level will have lasting consequences. NACAC remains committed to advocating for policies that protect access, equity, and opportunity in education. As Jamil Zaki writes in Hope for Cynics, “It actually is hope — the sense that things could improve in the future — mixed with fury, that inspires people to fight for progress, even when victory seems well out of reach.”

Even in moments of uncertainty, our collective efforts and advocacy ensure that students’ futures remain a priority.