Student Union
Lawsuit Against Harvard Could Unravel Diversity
A lawsuit filed against Harvard University that claims too few Asian-Americans are accepted to the vaunted college could do the opposite — eliminate race-conscious admissions nationally.
"It could end the use of racial preferences," said Ilya Shapiro, a senior Cato Institute fellow who specializes in constitutional studies.
The suit was filed by Students for Fair Admissions (SFFA) — a group started by Edward Blum, a legal activist who opposes the consideration of race in college and university admissions. Blum recruits plaintiffs, in this case Asian-American students, and pays their legal fees through donations that fund him.
The plaintiffs allege that Harvard's admissions process is unconstitutional because it uses racial quotas, makes race the dominant factor in admissions rather than one of many, and has not fairly considered race-neutral alternatives. They said it is biased against Asian-Americans and that the placements go to other minorities.
About 40,000 students apply to Harvard every year, but fewer than 6 percent are accepted. Asian-Americans make up 22.2 percent of students who were accepted into the class of 2022. According to the U.S. Census Bureau, Asian-Americans constitute 5 percent of the national population.
International students made up 12.4 percent of the same class. Nearly 50 percent of international students in the U.S. are from China or India.
"Asian-[American]s are held to a higher standard than whites, African-Americans and Hispanics," Blum told VOA.
Harvard denies this accusation, saying it considers a mix of factors, does not discriminate against Asian-Americans, and does not have quotas.
"Admissions officers seek ... to discern whether an applicant demonstrates outstanding and unusual intellectual ability, capacity for leadership, creative ability or athletic ability," reads a Harvard court document. "Admissions officers also look for individuals who have been able to transcend difficult circumstances by achieving academic, extracurricular and personal distinction in the face of hardship."
The school accuses SFFA of being "a litigation vehicle designed to further the ideological objectives of its founder, Mr. Blum" rather than "a true membership organization that can sue on behalf of its members."
In 2008, Blum enlisted Texan Abigail Fisher to sue the University of Texas, who alleged she was denied admission because of minority quotas. The school won that case.
Campus diversity is a contentious debate.
Racial quotas in university admissions were banned in 1978 by the U.S. Supreme Court when Allan Bakke won his case against the University of California, claiming he was not given a slot in medical school because they went to minority students. However, colleges and universities that receive any federal funding have been allowed to consider race in their admissions mix to ensure student populations are diverse, a move commonly known as affirmative action.
But that, too, is changing. In early July, the Trump administration withdrew guidelines issued by his predecessor, former President Barack Obama, that encouraged legal affirmative action.
"The general counsels of all of these schools are going to be talking to [their] presidents and deans and saying, 'Look, we're on notice now. We can't just hide behind this guidance. We have to look at what we're doing, how we're using race, to make sure that there are no race-neutral means to achieve the same diversity that we want,'" said Shapiro.
Opponents of affirmative action argue that students should be considered on merit alone. Still others say colleges should create a diverse class by considering economic status, meaning poor white students would be ranked higher than wealthy African- or Asian-American students.
Harvard said their admissions approach is holistic, meaning it looks at the whole person, including "the most exceptional academic, extracurricular, personal, and athletic ratings," according to a court filing.
Student Julie Yao, who transferred from Dickinson College in Pennsylvania to Barnard College in New York, said as a Chinese-American, she worries that the SFFA case will result in fewer seats for non-white students.
"It really infuriates me because it's almost like there are only a hundred seats for all students at a college," Yao said, "but there are only 20 open for diversity admissions."
"Why are we only fighting for so few spots?" she asked.
Her parents see the lawsuit differently.
"When I went home for a weekend this summer, my mom was actually telling me how her friends are telling people to fund this lawsuit," she said.
"Asian-Americans can be the victim of discrimination by a university in admissions," said Kimberly West-Faulcon, a civil rights attorney and law professor at Loyola Law School in Los Angeles. "The way you figure that out is to compare the Asian-American admission rate to the white admission rate."
Releasing too much information about their process "would disadvantage low-income applicants who can't afford the consultants and directly impair Harvard's ability to recruit and admit a diverse class each year," Harvard spokesperson Rachael Dane wrote in a statement.
The U.S. Department of Justice is investigating whether Harvard should be forced to reveal more details about its admissions process, and recently urged the court hearing the SFFA case to make more information in the lawsuit public.
"We are greatly encouraged that this [Trump] administration so far has asked the court to make public the information that Harvard turned over to us," said Blum. "We are delighted that an administration is demanding that there be full transparency for the American public."
Harvard questions the Justice Department's timing and approach.
"The Department cribs all but one of the cases it cites from SFFA's March 30 letter, and for certain issues, it provides no authority beyond simply citing SFFA's letter" for the request, William Lee, an attorney for Harvard, was quoted in the news site Politico.
Shapiro said he sees the case reaching the Supreme Court.
"The challengers here are unlikely to settle. In two years or so, we could see this at the Supreme Court," he said. If so, he predicts the court would rule in June 2020.
"Harvard will continue to vigorously defend its right, and that of all colleges and universities, to consider race as one factor among many in college admissions, which has been upheld by the Supreme Court for more than 40 years," Dane wrote.
International applicants don't have to worry about how the ruling will affect them.
"International applicants are compared to other international applicants," said West-Faulcon. The ruling "would not affect the admissions of an international student applying from an Asian country."
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Columbia students on edge as police presence remains on campus after raid to clear protesters
Police remain on Columbia University’s campus, even after clearing out student protesters and their encampment. But questions remain about how the university and the students move forward. Tina Trinh reports from New York.
Columbia University student journalists had an up-close view for days of drama
Student journalists on the Columbia University campus knew what was coming long before police with riot shields arrived to begin arresting the pro-Palestinian protesters.
They had watched the situation spiral as the protesters stood their ground, refusing to abandon Hamilton Hall and using a pulley system to bring supplies into the building they had occupied.
The reporters, working for university and online U.S. and international publications, suspected negotiations with administrators were going nowhere when the protesters began donning COVID-era masks to hide their identities. Some began sleeping on the floor in journalism classrooms or offices out of fear of missing something.
But when a journalism professor began writing the phone number to call if they were arrested in permanent marker on their arms, that was the moment it became clear: They were capturing history.
The police operation Tuesday night that cleared out Hamilton Hall capped two weeks of drama over the protests at Columbia, which student journalists at the Ivy League school lived through as they were covering it.
Other media were being kept off campus, so these reporters were the only ones who could capture what was happening.
"I just woke up and I was like, I'm going to go and take some pictures," said Seyma Bayram, a Columbia journalism fellow focused on creating a longform investigative podcast unrelated to the protests.
The encampments were a visual feast. There were musical performances, students reading and helping each other write papers for their classes. She wanted to document it all.
By Monday, students were facing suspension if they didn't leave. Crowds marched around the encampment chanting. Students were given written notices from the administration, warning them to go. They ripped them up, dumped them in trash bins. Rumors were flying.
That night, Bayram was unwilling to go home, sleeping on her office floor.
"How," she wondered, "are they going to remove the students. They're not leaving."
By Tuesday, she was exhausted. The student reporters charged their cameras and other gear and waited.
Many protesters were starting to leave, recalled Shayeza Walid, a graduate journalism student at Columbia, who covered the arrests for the news website Al-Monitor.
The sun was setting as they held hands and chanted, knowing they faced academic repercussions by remaining. Many had given up covering their faces by now, Walid said.
To her, the chants sounded like a hymn and she saw the protesters, some clad in Palestinian keffiyehs, crying. She doubts she will ever forget it.
"It felt so both inspirational and devastating because these were the kids who were willing to get arrested," she recalled.
And then police started assembling outside, setting up barricades. Even on campus, Bayram could tell by the photos posted on social media that police action was imminent. And then the police were there.
"I don't know, it was just like all of a sudden there were just like police, ... riot gear everywhere," Bayram said.
The student journalists were walking backward, filming as they went, Bayram said.
She was pushed off campus. Police buses and officers were everywhere. Around her, people were being arrested.
"Those of us who are pushed out, like student reporters and faculty, I think we were just all horrified that no press was present outside of, or inside of, Hamilton Hall," Bayram said.
Walid recalled that the reporters paired up for safety. Her partner, an international student, had never seen so many police in one place. "And frankly, I hadn't either," Walid said.
She said the police also seemed shocked when they came into campus and saw how few students were left. "It was very evidently disproportionate from where we were standing," she said.
Before the arrests, protesters inside the campus used a megaphone to lead those protesting outside in chants, recalled Cecilia Blotto, a graduate journalism student, who has been publishing photos and video to Uptown Radio, a project of the university's journalism program.
"Columbia, you are a liar," she recalled them chanting, along with "Disclose, divest! We will not stop, we will not rest."
Then Blotto saw police buses pull up, officers exiting with shields and zip ties. Then they played a recording saying that if the protesters didn't disperse they would be arrested.
"People were like being dragged out on the street, with like four cops holding a leg and an arm each. I saw some really, like, striking images of people, like, yelling shame at the cops, while they were dragging out students," Blotto said. She tried to film it all.
Emily Byrski, a graduate student who had a phone number written on her arm in case she was arrested, said the students weren't totally unprepared. There had been a training session.
Still, she said, there had been so many false alerts.
"It's like the boy who cried wolf. Like, there were two or three nights here where we were told, there was a rumor going around that the NYPD was coming, please come to campus," she recalled.
Byrski had knee surgery earlier in the year, so was unable to run as police descended. She limped along with her buddy.
"So we're sort of seeing this all happen from inside and trying to document it as the NYPD is grabbing people, like shoving them to the ground. It was pretty horrifying to see, like, right a foot away from me," Byrski said.
She said she has seen professors cry over the last week. She is pondering it all, uncertain what to make of it.
"I'm just sort of in shock," Byrski said. "I think we all kind of were in shock."
Botched US student aid application form rollout leaves many in limbo
The last thing standing between Ashnaelle Bijoux and her college dream is the FAFSA form — a financial aid application that's supposed to help students go to college but is blocking her instead. She has tried to submit it over and over. Every time, it fails to go through.
"I feel overwhelmed and stressed out," said Bijoux, 19. She came close to tears the last time she tried the form. "I feel like I'm being held back."
Normally a time of celebration for high school seniors, this spring has been marred by the federal government's botched rollout of the new FAFSA application. By May 1, students usually know where they're headed to college in the fall. This year, most still haven't received financial aid offers. Three months before the start of fall classes, many don't know where they're going to college, or how they're going to pay for it.
"We're asking them to make probably one of the biggest financial decisions — and decisions that will have the biggest implications on their lives going forward — without all of the information," said Justin Draeger, president and CEO of the National Association of Student Financial Aid Administrators.
FAFSA, or Free Application for Federal Student Aid, went through a massive overhaul that was supposed to make it simpler and shorter. But a series of blunders by the Education Department made it harder than ever, delaying college decisions by months and raising fears that hundreds of thousands of students will forgo college entirely.
Across the United States, the number of students who have successfully submitted the FAFSA is down 29% from this time last year, and it's even worse at schools with more low-income students, according to the National College Attainment Network.
The group's CEO, Kim Cook, warned members of Congress this month about a potentially "catastrophic" drop in college enrollments that would make the decreases of the pandemic seem mild.
For Bijoux of Norwich, Connecticut, the FAFSA problems threaten to undermine the promise of higher education.
To her, college is a chance to seize the opportunities that weren't available to her mother, who immigrated from Haiti to the U.S. as an adult. Bijoux hopes to become a therapist and set a positive example for her three younger brothers.
If her FAFSA goes through, she should be eligible for enough financial aid to help with the $13,000-a-year tuition at Southern Connecticut State University. If not, she might go to a local community college, but even that would require loans if she can't complete the FAFSA.
"That's why it hurts, because it's like you work so hard to go somewhere and do something and make something of yourself," Bijoux said. "I thought I would start at a four-year (college) and then work hard continuously, like I've been doing basically my whole life. But that's not the case."
The updated FAFSA form has one section filled out by students and another by their parents. But when Bijoux finishes her part, nothing shows up on her mom's online account. She keeps trying, but nothing seems to change.
Similar problems have been reported across the country, along with numerous other bugs that the Education Department has scrambled to fix. Families who call for customer service have faced long wait times or say the call center hung up on them.
It "drains all the momentum" from families working to send their children to college, especially those navigating the process for the first time, said Anne Zinn, a counselor at Norwich Free Academy, where Bijoux goes to school.
"I can only say so many times, 'Just be patient, just be patient,' before they throw their hands up and they're like, 'Why am I doing this? I'm just going to go get a job,'" she said.
The rollout has attracted bipartisan criticism in Congress, and it's being investigated at the request of Republicans. Last week, Richard Cordray, the federal student loan chief who oversaw the FAFSA update, announced he's stepping down at the end of June.
For colleges, too, the delays pose a major threat.
Enrollment decreases like those being projected now could put many small colleges out of business or necessitate deep cuts in staff. Some colleges are pushing for emergency relief just to stay afloat, said Angel Pérez, CEO of the National Association for College Admission Counseling.
"If they don't get checks from the federal government to basically get them through next year, they will not survive," Pérez said.
FAFSA has been the linchpin of student financial aid for decades. It's used to determine eligibility for the federal Pell grant, a scholarship for low-income students, and it's required to receive federal student loans. Colleges and states also use FAFSA to distribute their own scholarships.
FAFSA had long been maligned for being tedious, difficult and intimidating to families without college experience. Congress passed legislation in 2020 meant to simplify the form. The Education Department was ordered to reduce the number of questions from more than 100 to about 40 and change the formula to expand aid to more students.
Problems started piling up as soon as the new form went online in December, already months overdue.
The first applications were incorrectly processed using an outdated calculation for inflation. Later, a federal contractor miscalculated a different formula on more than 200,000 applications. Each mistake added to delays, leaving students waiting longer to hear anything about financial aid.
Even more worrisome is a misstep that blocked students from finishing the form if they have a parent without a Social Security number. Advocates say the system locked out hundreds of thousands of students who are U.S. citizens or permanent residents but whose parents are not.
The Education Department on Tuesday said it's giving those parents a new way to enter their tax information manually. But as recently as this week, some students said they were still blocked from submitting the form.
Federal education officials say they're addressing lingering bugs but making progress. More than 8 million student applications have now been processed and sent to colleges, the agency said, and new applications are being processed within three days.
Still, the wait is far from over. It usually takes weeks for schools to prepare financial aid offers. Some colleges have extended decision deadlines to give students more time to weigh their options. But some stuck to May 1, forcing students to choose a college — and make a nonrefundable payment to hold their spot — without knowing all their scholarship options.
In Baltimore, Camryn Carter is waiting to find out if he'll get a full ride to the University of Maryland or face tens of thousands of dollars in student loans.
A top student and captain of his baseball and wrestling teams, Carter sees college as a step up in life. He thinks back to the times in the grocery store line when he had to put items back on the shelf because his mom couldn't afford the bill. A college degree would give him the stability he didn't always have, the 18-year-old said.
But when he looks at tuition, it's intimidating. Along with Maryland, he's also considering McDaniel College, a private school in Maryland. If he enrolls there, he expects to borrow almost $30,000 a year.
"I try to make the best decisions now so I can have a good future," he said. "I'm a little nervous that things won't work out. But I'm faithful."
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