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. 

• 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 

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.

By Sean Robins, NACAC’s director of advocacy

Welcome to the second issue of the Advocacy Update on NACAC’s Admitted blog. We remain energized by the positive feedback from our first issue and are excited to continue providing members with timely insights on federal policy, legislative developments, and NACAC’s ongoing advocacy efforts. In a rapidly shifting landscape for higher education, our goal is to equip you with clear, actionable information that reflects both the challenges we face and the steadfast work underway to protect equity, access, and opportunity in college admission counseling. 

Policy & Legislative Updates 

The Trump administration issued a Presidential Memorandum directing the Department of Education to require colleges to report racially disaggregated admission data for applicants, admitted students, and enrollees starting in 2025–26. The changes will apply to undergraduate and certain graduate and professional programs. While framed as an effort to improve transparency, the move comes amid heightened scrutiny of race-conscious policies in admission, and NACAC continues to defend the role of holistic review and personal lived experience. The Education Department said the Presidential Memo, published Aug. 15, requires selective four-year colleges to report five years of detailed, racially disaggregated admission data — including GPA, test scores, timing of application, and financial aid status — with a 60-day public comment period to follow. Concerns remain about how the department will handle and analyze this data given staffing cuts at the National Center for Education Statistics. 

The administration has retreated from its threat to strip Harvard of its ability to enroll international students, a move the university called unconstitutional and retaliatory. The Department of Homeland Security said it will not proceed based on the original letter, though legal disputes remain. Separately, the administration is demanding over $1 billion from UCLA to unfreeze $584 million in research funds, as well as broad conditions banning race-based scholarships, gender-affirming care, and overnight protests, among other restrictions. A federal judge has ordered partial restoration of certain National Science Foundation grants to UCLA, ruling that “suspensions” violate an earlier order barring terminations. California Gov. Gavin Newsom has vowed to fight the settlement demands, calling them an attack on academic freedom. 

In other legal developments, the Trump administration has issued an executive order requiring political appointees to review all federal grant opportunities before publication, pausing new announcements and banning funding for projects tied to racial equity, gender identity, immigration, and other so-called “anti-American values.” Courts have previously blocked similar efforts, but the new directive intensifies political oversight of research funding. A divided Fourth Circuit panel has also allowed the Department of Government Efficiency (DOGE) to access sensitive federal records, citing the agency’s IT modernization role. 

A new antitrust lawsuit was filed against 32 selective institutions, the Common Application, Scoir, and the Consortium on Financing Higher Education regarding early-decision admission policies. Plaintiffs allege that sharing names of early-decision admits suppresses competition and limits students’ ability to compare aid offers.  

The administration is also increasing scrutiny of geographic recruitment practices in admission, warning colleges that targeting areas based on racial or ethnic composition could be considered unlawful proxies for race. NACAC has emphasized that geographic outreach is shaped by multiple factors, including serving historic communities and responding to demographic shifts. 

Other notable developments include:  

• The administration’s move to end race-conscious admission at military academies prompted Students for Fair Admissions to withdraw lawsuits against West Point, the Air Force Academy, and the Naval Academy.  
• A federal appeals court ruling ordered the White House budget office to restore a public spending timeline website 
• Education Secretary McMahon began a national tour promoting the dismantling of the Department of Education, which would require congressional approval and face legal challenges. 

Meanwhile, advocates warn of escalating federal actions to roll back protections for Dreamers and undocumented students, including revoking ACA coverage, investigating scholarships, and detaining recipients. Institutions are urged to stand firm on lawful programs, prepare protocols for enforcement visits, and affirm equitable access for all students. The Presidents’ Alliance has developed a resource offering strategies to support undocumented students and safeguard opportunities. Finally, a federal judge has again blocked the administration from laying off nearly half of the Department of Education’s Office for Civil Rights staff, though none of the 276 terminated employees have been reinstated. 

NACAC Advocacy 

NACAC is closely monitoring the Trump administration’s new directive requiring colleges to report detailed applicant, admit, and enrollment data — including race, sex, test scores, and GPAs. While we have long supported more disaggregated data to improve transparency, we strongly oppose this administration’s motives, which appear aimed at using the information to undermine diversity in admission. Admission decisions have never been based solely on numbers; holistic review allows colleges to recognize resilience, leadership, and context-based potential that standardized tests — long known to reflect systemic inequities — cannot capture. This policy risks pushing institutions toward less diverse student bodies, particularly harming first-generation and low-income students, while favoring those with greater financial resources.  

In support of our members, NACAC is sharing a new resource from our partner, EducationCounsel. Called Misguidance, the resource analyzes the Department of Justice’s July 29 memo on DEI. The analysis finds that the DOJ guidance misrepresents federal civil rights law and overreaches in ways that could mislead schools about what is legally permissible. While some points in the DOJ memo reflect current law, much of it advances policy preferences that could deter institutions from lawfully addressing barriers, advancing diversity, and ensuring equal opportunity. EducationCounsel emphasizes that inclusive practices, the use of disaggregated data, and race-neutral strategies that support students remain fully lawful. Education leaders should be guided by actual law — not the administration’s anti-DEI stance. 

NACAC will continue advocating for admission policies that value the full breadth of student achievement, reject the false premise that test scores define merit, and protect the ability of colleges to create equitable pathways to higher education for students from all backgrounds. 

Ways You Can Take Action 

We are continuously updating our Take Action page with opportunities to make your voice — and the voices of our members — 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: 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 

Though the challenges in higher education and equitable access may feel daunting, our work presses on with purpose. Through advocacy, we support students from all backgrounds, helping prepare the next generation of leaders. As Malala Yousafzai reminds us: 

“When the whole world is silent, even one voice becomes powerful.”  

Her words are a call to action. Every conversation we have, every resource we share, and every engagement with lawmakers strengthens the voices of students and counselors alike. NACAC will continue to be that voice, defend equitable opportunity, and ensure every student has a real chance to reach their potential. 

By Sean Robins, NACAC’s director of advocacy

Welcome to the first edition of our Policy & Legislative Update series. These regular posts are meant to keep NACAC members informed about key policy developments, NACAC’s advocacy priorities, and opportunities to take action in support of students and the college admission counseling profession. 

My name is Sean Robins, and I serve as NACAC’s director of advocacy. With experience across education policy, program leadership, and nonprofit strategy, I am honored to bring these updates to our members at such a critical moment for college access and admission. I will regularly share highlights from Capitol Hill, federal agencies, and the broader policy landscape — always with an eye toward what it means for your work and our shared mission. 

This inaugural update comes amid growing national attention to race-conscious practices, new federal directives on admission data reporting, and ongoing debates over higher education funding.  

Policy & Legislative Updates 

The Trump administration has issued a Presidential Memorandum directing the Department of Education to overhaul the IPEDS system beginning in the 2025–2026 academic year. Historically, IPEDS has only captured the racial composition of enrolled students — not applicants or those admitted. Under this new directive, institutions will be required to disaggregate data by race and sex at three stages of the admission process: applicants, admitted students, and enrolled students. The new requirements will apply at the undergraduate level and in select graduate and professional programs. 

While efforts to improve transparency in admission data can offer value to students and families, we are viewing this directive in the broader context of ongoing scrutiny around race-conscious policies. NACAC remains committed to defending holistic review and the importance of personal lived experience in admission. 

With Congress in its August recess, key developments in federal education policy continue to unfold with major implications for funding, access, and institutional accountability. The Senate Appropriations Committee passed a bipartisan FY 2026 Labor-HHS-Education bill (26-3) just before the recess, rejecting the Trump administration’s proposed $12.4 billion cut and maintaining most core education programs at current levels. The bill preserves funding for TRIO, GEAR UP, Pell Grants ($7,395 max), FSEOG, Federal Work Study, CCAMPIS, and Title IV-A. It also ensures timely disbursement of K-12, CTE, and adult education grants and blocks efforts to shift Title I and IDEA programs out of the Education Department. The House will take up its version after the recess. 

The Common App opened the 2025-2026 application season with new equity-driven features, including a required question on student responsibilities outside school, expanded direct admission, and improved scholarship notifications for first-generation and low-income students. 

Access challenges remain front and center. A new NCAN analysis reveals that nearly half of students who did not file the FAFSA believe they are ineligible — including many receiving public assistance or who lack access to $500 in an emergency. Despite system fixes, misperceptions about eligibility remain a major barrier. 

Rural students continue to face persistent obstacles to enrollment, even with dual enrollment options for targeted outreach. Factors like cost, geographic isolation, and skepticism about higher education’s value shape decision-making. Still, local partnerships and district investments are helping to move the needle in some communities.  

Alabama has launched a statewide direct admissions initiative, automatically admitting students to nearly 40 institutions — including HBCUs — based solely on transcript data. The goal is to expand access, eliminate application barriers, and support the state’s workforce and economic development priorities. Separately, institutions participating in the Great Admissions Redesign are piloting structural innovations to streamline admission, integrate advising and financial aid, and improve student engagement. 

Federal scrutiny of higher education institutions continues to intensify. Columbia and Brown have reached agreements with the Trump administration following grant freezes tied to allegations of antisemitism. While funding has not yet been restored, both institutions expect payments to resume within 30 days. Over $6 billion in research funding remains frozen across several institutions, including Harvard and Princeton. At the same time, UCLA has become the first major public university to face similar sanctions, with hundreds of millions in grants suspended amid DOJ allegations. 

Continued visa delays also pose significant threats to international student enrollment this fall, with projections showing a potential 15 percent drop — or 150,000 fewer students — and a $7 billion economic loss.  

At the same time, a new Gallup and Lumina Foundation survey finds that most parents still view postsecondary education as essential for their children’s success. Three in four parents — across political affiliations — say they want their kids to pursue education after high school, with four-year colleges remaining the top preference. However, interest in shorter-term, career-aligned alternatives like two-year colleges, job training, and certificate programs is growing. While skepticism around cost and outcomes persists, the belief in education as a path to upward mobility remains strong. 

Recent Government Accountability Office (GAO) rulings reaffirm that the executive branch cannot delay or cancel congressionally approved education and research funds. These findings reject tactics like “pocket rescissions” and uphold Congress’s power of the purse. These decisions signal stronger safeguards against the misuse of federal authority to defund institutions or programs — particularly those tied to research, student aid, or equity initiatives. However, with litigation still pending and administrative workarounds under scrutiny, continued vigilance and advocacy remain critical. 

NACAC Advocacy 

This week, NACAC continued to advocate for policies that support access, equity, and opportunity for all students — both in response to urgent federal developments and as part of our ongoing commitment to fair and inclusive education. 

In the wake of a new memorandum from the Department of Justice declaring that many diversity, equity, and inclusion (DEI) practices may violate federal law, NACAC issued a firm statement reaffirming its commitment to expanding opportunity for all students. While the DOJ memo lacks the force of law, it has created confusion and concern across the field. NACAC is urging institutions not to overcorrect in ways that could limit equitable outcomes and is working with partners to monitor developments and provide guidance to members. 

This week, NACAC applauded the Senate Appropriations Committee’s bipartisan passage of the FY 2026 Labor-HHS-Education bill. The legislation protects critical investments in TRIO, GEAR UP, Federal Work Study, FSEOG, CCAMPIS, and Basic Needs for Postsecondary Students, and maintains the Pell Grant maximum at $7,395. These wins reflect sustained advocacy by NACAC, our members, and coalition partners. 

Ways You Can Take Action 

We are continuously updating our Take Action page with opportunities to make your voice — and the voices of our members — 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: 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: Do not abandon our national commitment to education 
• Urge Congress to protect disabled students 
• Don’t Flunk the Future Advocacy Toolkit 

Amid ongoing challenges and shifting political winds, our commitment to advancing equitable access and opportunity remains unwavering. We understand that progress often unfolds behind the scenes — quiet but persistent — and that patience and perseverance are essential. 

Though the path ahead may be clouded, we hold fast to the truth that brighter days are coming. As Khalil Gibran wisely said, “No matter how long the storm lasts, the sun always shines behind the clouds.” 

This hope fuels our work and reminds us that every effort we make today brings us closer to our vision — that the transformative power of postsecondary education is accessible to all.