In June, in an escalation of the Trump administration’s pressure on Harvard University to bow to its demands, a federal Office for Civil Rights announced that the institution was violating federal law.
The office released a nearly 60-page report accusing Harvard of “deliberate indifference” to ongoing discrimination against Jewish and Israeli students, which is illegal under Title VI of the Civil Rights Act of 1964. “OCR’s findings document that a hostile environment existed, and continues to exist, at Harvard,” the office said in an accompanying news release.
But this wasn’t the Education Department’s Office for Civil Rights. It was an office of the same name within the Health and Human Services Department that’s been playing a more public role as part of Trump’s crackdown on higher ed. Officials who served in previous administrations said agencies used to generally defer to the Education Department when it came to civil rights issues in higher ed. But since Trump retook office, colleges and universities are facing increased pressure from probes by HHS and other agencies enforcing the new administration’s right-wing interpretation of civil rights.
HHS OCR said it began its Harvard investigation in February by looking into the university’s medical school, after alleged antisemitism during the May 2024 graduation ceremony. But, in April, it widened its probe to “include Harvard University as a whole and to extend the timeframe of review to include events and information from October 7, 2023, through the present.” (The HHS OCR has jurisdiction over institutions that accept HHS funding, including National Institutes of Health research grants and Medicaid dollars.)
And this wasn’t the HHS OCR’s only investigation into parts of Harvard that didn’t appear related to health or medicine. The news release noted the “findings released today do not address OCR’s ongoing investigation under Title VI into suspected race-based discrimination permeating the operations of the Harvard Law Review journal.” And Harvard is just one of several universities that this non–Education Department OCR has targeted since Trump retook the White House in January.
Civil rights advocates say the HHS OCR has become just one more pawn in Trump’s strategy to target universities and end protections and programs that aid minority groups. For universities, Trump’s HHS OCR represents a new threat to their funding if they’re accused of promoting diversity, equity and inclusion; fostering antisemitism; or letting transgender women play on women’s sports teams.
It’s unnecessary to do what the administration is doing now, unless one is operating like a mob boss.”
—Catherine Lhamon, former head of OCR at the Education Department
The office’s investigations and public denunciations add to the work of the ED OCR, which the Trump administration has also shifted to focus on the same issues. The two OCRs announced a joint finding of violations against Columbia University, but they’ve also trumpeted independent probes into other institutions.
“As we feared, the Trump administration is abusing civil rights tools to advance a radical and divisive agenda that aggressively hoards access to education, living wage jobs, and so much more,” the NAACP Legal Defense Fund said in a statement. “Unfortunately, HHS and many other federal agencies are being used as one of the vehicles to carry out that agenda.”
The Legal Defense Fund said, “Colleges and universities are being targeted precisely because of the critical role they play in opening the doors of opportunity and preparing the next generation to lead our multi-racial democracy. By attacking institutions that help level the playing field for Black students and other students of color, the Trump administration is ultimately weakening our democracy and our economy as a whole.”
Former officials at the Justice Department, to which HHS OCR can forward cases if the targets of investigations don’t comply, told Inside Higher Ed that HHS OCR historically deferred probes into universities to the Education Department.
Catherine Lhamon, former director of the Education Department’s OCR under Presidents Biden and Obama, said, “There are 13 federal agencies with external civil rights enforcement, of which HHS is one, and it’s relatively large.” She said they’re pieces of Trump’s broader strategy.
“The administration has used every agency in a contemporaneous, simultaneous assault on universities,” Lhamon said, multiplying the amount of federal funding it can threaten.
The HHS OCR’s announced investigations under Trump show it’s investigating similar issues to the Education Department OCR—or what’s left of that office after the administration’s cuts. Lhamon said the practice for decades has been for the agency with principal expertise over an area to investigate that area—hence why universities were mostly investigated by the Education Department OCR.
“It’s unnecessary to do what the administration is doing now, unless one is operating like a mob boss,” Lhamon said.
An HHS spokesperson said, “We’re leading implementation of the president’s bold civil rights agenda,” which includes four focuses: upholding religious conscience rights, fighting antisemitism, ending race-based discrimination embedded in DEI programs and “defending biological truth” in sex-discrimination enforcement. She also said that fighting antisemitism, for instance, is a priority across the whole administration, “so our office is going to be a part of that and going to participate to the fullest extent that we can.”
It remains unclear how much of the HHS OCR’s daily workload is now devoted to Trump’s targeting of higher ed. HHS OCR did investigate higher ed institutions even before Trump took office, the HHS spokesperson said.
“We may be being more public about it now,” the spokesperson said, “particularly because that’s where the issue areas with respect to this administration are.”
She said the office also continues to investigate non–higher ed–related medical providers and non–civil rights issues that it has responsibility for despite the office’s name—such as information privacy under the Health Insurance Portability and Accountability Act.
The spokesperson said the HHS OCR news releases don’t tell the full story of what the office is currently investigating because—out of the roughly more than 40,000 complaints it receives annually—it doesn’t normally disclose which complaints lead to probes “to protect the integrity of the investigation.” The office also launches some investigations without receiving complaints, she said.
“In the past we’ve not announced through press releases that we’ve opened major investigations,” she said.
She didn’t provide Inside Higher Ed a list of the office’s current investigations. She also didn’t say how many employees HHS OCR has. HHS’s fiscal year 2026 budget request said that “in FY 2010, there were 111 investigators onboard, and in FY 2022, this number fell to 60, while simultaneously HHS received the highest number of complaints in its history (51,788).” (For comparison, the ED OCR, in a FY 2024 report, said it had received its highest-ever volume of complaints, but the number was only 22,687.)
Since taking power, the Trump administration has been slashing the federal workforce—the administration laid off nearly half of the Education Department’s OCR staff in March. It’s unclear how much HHS OCR has been cut. The FY 2026 budget request said the HHS OCR “has faced a continually growing number of cases in their backlog, rising to 6,532 cases by the end of FY 2024.” And that was before the office launched these new probes based on Trump’s priorities.
The HHS OCR receives roughly more than 40,000 complaints annually, a spokesperson said.
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A String of Investigations
Since Trump’s Jan. 20 inauguration, HHS OCR has announced a spate of higher ed investigations, mostly without naming the institutions. The spokesperson said most are ongoing.
In early February, it announced investigations of four unnamed medical schools, also citing reports of antisemitism during their 2024 commencements. (That was the same month the Harvard investigation began, HHS OCR later said, so Harvard was likely among the four.)
On Feb. 21, Trump told Maine governor Janet Mills during a televised White House event that her state must bar transgender women from women’s sports or lose federal funding, to which Mills replied, “See you in court.” In response to this, the HHS OCR issued a news release that same day announcing an investigation into “the Maine Department of Education, including the University of Maine System,” due to reports that the “state will continue to allow biological males to compete in women’s sports.” (The HHS spokesperson said the investigation eventually found that the most relevant issues were unrelated to higher ed.)
In March, the office announced investigations into four unnamed “medical schools and hospitals” over “allegations and information” concerning medical education or scholarships “that discriminate on the basis of race, color, national origin, or sex.” The news release didn’t have much further detail but referenced a Trump executive order targeting “illegal” diversity, equity and inclusion programs. Later that month—again citing the anti-DEI order—it announced it was investigating “a major medical school in California” over whether it “gives unlawful preference to applicants based on their race, color, or national origin.”
In April, it announced it was investigating an “HHS-funded organization” over whether it excludes “certain races” from a “health services research scholarship program.” Later in April, it launched an “online portal where whistleblowers can submit a tip or complaint regarding the chemical and surgical mutilation of children”—the Trump administration’s phrase for gender-affirming care. Simultaneously, it announced it’s investigating “a major pediatric teaching hospital” for allegedly firing a whistleblower nurse who “requested a religious accommodation to avoid administering puberty blockers and cross-sex hormones to children.” (The HHS spokesperson said the first Trump administration brought a focus on religious conscience rights to the office that disappeared under Biden but has now returned.)
Also in April, it announced a second Harvard probe: a joint investigation with the Education Department’s OCR into both Harvard and the Harvard Law Review “based on reports of race-based discrimination permeating the operations of the journal.” The HHS OCR news release said an editor of the law journal “reportedly wrote that it was ‘concerning’ that ‘[f]our of the five people’ who wanted to reply to an article about police reform ‘are white men.’” The office also raised concern about another editor allegedly suggesting expedited review for an article because the author was a minority.
In May, the HHS OCR announced it’s investigating a “prestigious Midwest university” over alleged discrimination against Jewish students. Later that month came its announcement of its joint finding with the Education Department OCR that Columbia University violated Title VI through “deliberate indifference towards student-on-student harassment of Jewish students.” (This was part of the administration’s pressure campaign on Columbia that culminated with a controversial July settlement.)
In June came the HHS OCR’s Title VI finding against Harvard in the investigation of alleged antisemitism. Then, in July, HHS OCR said it was investigating “allegations of systemic racial discrimination permeating the operations of Duke University School of Medicine and other components of Duke Health,” which includes “other Duke health professions schools” and “health research programs across Duke University.” In a statement alongside that announcement, HHS secretary Robert F. Kennedy Jr. said, “Federal funding must support excellence—not race—in medical education, research, and training.”
And last week, after months of silence on new higher ed–related investigations, the HHS OCR announced an investigation into the legal scholarship of an HHS-funded “national organization,” over allegations that it “preferences applicants of certain races and national origin groups.”
Lhamon, the former Education Department OCR head, said what the administration has called civil rights investigations into Harvard, Columbia and other universities aren’t really investigations. She noted the administration has used a “mob theory” by going ahead and pulling HHS and other funding from multiple institutions before the investigations are over.
Instead, she said, this is “an assault on universities, which is a very different thing from ensuring compliance with the civil rights laws as Congress has enacted them.”
