TRENTON, N.J. — New Jersey Governor Phil Murphy is fully engaged in a legal game of chicken with the White House and the Department of Justice.
On Thursday, the Murphy administration raised the ante in light of a federal criminal investigation into the governor’s immigration sanctuary state, calling the Trump adminstration out on its effort to eradicate reverse discrimination and DEI policies in public education.
The New Jersey Department of Education is rejecting a federal request for new assurances related to diversity, equity, and inclusion, arguing there is no legal basis for the demand and citing previous compliance with federal civil rights law.
In a letter dated April 17, the NJDOE responded to an April 3 request from the U.S. Department of Education’s Office for Civil Rights. The federal agency had asked the state to reaffirm its compliance with Title VI of the Civil Rights Act and the Supreme Court’s decision in Students for Fair Admissions v. Harvard by submitting a new certification. The state pushed back, saying the request lacked justification and legal clarity.
“The NJDOE is unaware of any changes in federal law or regulations that would necessitate the provision of additional certifications beyond those that it or New Jersey LEAs have already provided,” Commissioner Kevin Dehmer wrote in the response. “There are no known federal or New Jersey State laws prohibiting diversity, equity, or inclusion.”
The letter asserts that the federal request references “certain DEI practices” or “illegal DEI,” without defining the terms. It also cites federal court rulings that have blocked similar requirements as too vague. One cited case, Chicago Women in Trades v. Trump, questioned the legal clarity of such provisions, stating, “The answer is anything but obvious.”
The NJDOE further argues that the additional certification request deviates from previous federal positions without offering a clear explanation. It cites past U.S. Department of Education statements affirming diversity and inclusion as “key elements for success” and questions the federal government’s authority to require additional assurances under current law.
Key Points
- NJDOE states there is no legal change requiring new DEI-related certifications.
- The federal request is described as vague and potentially unenforceable under recent court rulings.
- New Jersey asserts it remains in full compliance with Title VI requirements.
Compliance already certified, NJ says
According to the NJDOE, it has already submitted necessary certifications, including one in 2017 under the Elementary and Secondary Education Act’s Consolidated State Plan. The department notes those remain in effect and that it continues to comply fully with federal regulations.
“The NJDOE has already certified that it complies with Title VI and its implementing regulations,” the letter says, adding that the department and its Local Education Agencies (LEAs) “have already provided the requisite guarantee.”
The dispute centers on whether the U.S. Department of Education can demand additional documentation without changing existing rules. The NJDOE says it will continue to comply with all established legal precedent but will not submit further certifications it believes are unsupported by law.