Caribbean-American Congresswoman Yvette D. Clarke has condemned the Trump administration’s decision to rescind federal rules that allow schools and other institutions to be challenged over policies that disproportionately harm racial and ethnic minorities, even when there is no evidence of intentional discrimination.
Clarke, Chair of the US Congressional Black Caucus (CBC) and daughter of Jamaican immigrants, said the move would weaken longstanding civil rights protections and make it harder to challenge policies that have a discriminatory impact on Black students and other communities of colour.
‘The Congressional Black Caucus condemns the Trump administration’s decision to abandon decades of civil rights enforcement by eliminating the longstanding disparate impact standard under Title VI of the Civil Rights Act,’ Clarke told the Caribbean Media Corporation (CMC) on Wednesday.
‘This reckless action will make it harder to challenge school policies that disproportionately harm Black students and other communities of color, even when the discriminatory effects are clear,’ she added.
Clarke, who represents New York’s 9th Congressional District in Brooklyn, which includes a large Caribbean-American population, accused the administration of weakening protections designed to promote equal opportunity.
‘Instead of working to lower costs for families and expand opportunity for the American people, the Trump administration returns time and again to its racist playbook – using the federal government to weaken civil rights protections and target Black and minority communities with discriminatory policies,’ Clarke continued.
‘By refusing to recognise policies with discriminatory effects unless there is proof of intentional discrimination, the administration is turning its back on the promise of equal educational opportunity and undermining decades of progress toward educational equity.’
She said the CBC would continue to fight to protect the civil rights of students and ‘ensure our nation’s schools remain places where every child has an equal opportunity to succeed.’
The comments followed a July 23 announcement by the US Department of Education’s Office for Civil Rights (OCR) outlining what it described as ‘significant deregulatory actions to ensure equal educational opportunities and treatment for students across the country.’
In accordance with Executive Order 14281, the Department said it was rescinding several disparate-impact provisions from its regulations implementing Title VI of the Civil Rights Act of 1964.
The Department said the provisions had allowed demographic data alone to establish that a school violated federal civil rights laws, even where there was no facially discriminatory policy, practice or evidence of discriminatory intent.
‘This has effectively required educational institutions to consider race and engage in racial balancing in order to comply with federal civil rights law,’ the Department said.
It said removing the disparate-impact provisions ‘aligns the Department’s regulations with Title VI’s statutory provisions and advances President Trump’s promise to restore equality of opportunity and meritocracy.’
The Department also accused the Obama administration of having ‘weaponised’ disparate-impact rules, particularly in relation to school disciplinary policies.
‘Indeed, under Democrat administrations, OCR found schools guilty of violating Title VI for even-handedly applying race-neutral policies – with no discriminatory intent – solely because data indicated the school disciplined more minority students,’ the Department said.
‘Today’s regulatory changes put a stop to such distortion of educational opportunities, ensuring that federal law is upheld while teachers retain control over their classrooms across America,’ it added.
Assistant Secretary for Civil Rights Kimberly Richey defended the changes, saying they would prevent demographic data from being used in ways that could interfere with schools’ ability to maintain safe classrooms.
‘A child is so much more than a number in a data set,’ Richey said. ‘The left’s notion of ‘equity’ should never prevent teachers from keeping their classrooms and students safe.’
She said the regulatory changes would ‘help ensure fair enforcement of Title VI, as intended by Congress’.
‘The Trump administration will always hold schools accountable for discrimination and ensure all students in America receive the equal educational opportunities and equal treatment to which they are entitled by law,’ she said.
The Department noted that Trump signed Executive Order 14281 in April 2025, making it the policy of the United States to eliminate the use of disparate-impact liability ‘in all contexts’.
In December 2025, the US Department of Justice updated its Title VI regulations to eliminate disparate-impact liability.
Title VI and its implementing regulations prohibit discrimination on the basis of race, colour and national origin in educational programmes and activities receiving federal financial assistance, according to the US Department of Education.