President Trump moves to end affirmative action in federal contracting
WASHINGTON (AP) — President Donald Trump’s administration has moved to end affirmative action in federal contracting and directed that all federal diversity, equity and inclusion staff be put on paid leave and eventually be laid off.
The moves Tuesday follow an executive order Trump signed on his first day ordering a sweeping dismantling of the federal government’s diversity and inclusion programs that could touch on everything from anti-bias training to funding for minority farmers and homeowners. Trump has called the programs “discrimination” and insisted on restoring strictly “merit-based” hiring.
The executive order on affirmative action revokes an order issued by President Lyndon Johnson, and curtails DEI programs by federal contractors and grant recipients. It’s using one of the key tools utilized by the Biden administration to promote DEI programs across the private sector — pushing their use by federal contractors — to now eradicate them.
The Office of Personnel Management in a Tuesday memo directed agencies to place DEI office staffers on paid leave by 5 p.m. Wednesday and take down all public DEI-focused webpages by the same deadline. Several federal departments had removed the webpages even before the memorandum. Agencies must also cancel any DEI-related training and end any related contracts, and federal workers are being asked to report to Trump’s Office of Personnel Management if they suspect any DEI-related program has been renamed to obfuscate its purpose within 10 days or face “adverse consequences.”
By Thursday, federal agencies are directed to compile a list of federal DEI offices and workers as of Election Day. By next Friday, they are expected to develop a plan to execute a “reduction-in-force action” against those federal workers.
The memo was first reported by CBS News.
The move comes after Monday’s executive order accused former President Joe Biden of forcing “discrimination” programs into “virtually all aspects of the federal government” through “diversity, equity and inclusion” programs, known as DEI.
That step is the first salvo in an aggressive campaign to upend DEI efforts nationwide, including leveraging the Justice Department and other agencies to investigate private companies pursuing training and hiring practices that conservative critics consider discriminatory against non-minority groups such as white men.
The executive order picks up where Trump’s first administration left off: One of Trump’s final acts during his first term was an executive order banning federal agency contractors and recipients of federal funding from conducting anti-bias training that addressed concepts like systemic racism. Biden promptly rescinded that order on his first day in office and issued a pair of executive orders — now rescinded — outlining a plan to promote DEI throughout the federal government.
While many changes may take months or even years to implement, Trump’s new anti-DEI agenda is more aggressive than his first and comes amid far more amenable terrain in the corporate world. Prominent companies from Walmart to Facebook have already scaled back or ended some of their diversity practices in response to Trump’s election and conservative-backed lawsuits against them.
Here’s a look at some of the policies and programs that Trump will aim to dismantle:
Diversity offices, training and accountability
Trump’s order will immediately gut Biden’s wide-ranging effort to embed diversity and inclusion practices in the federal workforce, the nation’s largest at about 2.4 million people.
Biden had mandated all agencies to develop a diversity plan, issue yearly progress reports, and contribute data for a government-wide dashboard to track demographic trends in hiring and promotions. The administration also set up a Chief Diversity Officers Council to oversee the implementation of the DEI plan. The government released its first DEI progress report in 2022 that included demographic data for the federal workforce, which is about 60% white and 55% male overall, and more than 75% white and more than 60% male at the senior executive level.
Trump’s executive order will toss out equity plans developed by federal agencies and terminate any roles or offices dedicated to promoting diversity. It will include eliminating initiatives such as DEI-related training or diversity goals in performance reviews.
Federal grant and benefits programs
Trump’s order paves the way for an aggressive but bureaucratically complicated overhaul of billions of dollars in federal spending that conservative activists claim unfairly carve out preference for racial minorities and women.
The order does not specify which programs it will target but mandates a government-wide review to ensure that contracts and grants are compliant with the Trump administration’s anti-DEI stance. It also proposes that the federal government settle ongoing lawsuits against federal programs that benefit historically underserved communities, including some that date back decades.
Trump’s executive order is a “seismic shift and a complete change in the focus and direction of the federal government,” said Dan Lennington, deputy council for the conservative Wisconsin Institute for Law & Liberty, which has pursued several lawsuits against federal programs. The institute recently released an influential report listing dozens of programs the Trump administration should consider dismantling, such as credits for minority farmers or emergency relief assistance for majority-Black neighborhoods.
He acknowledged that unwinding some entrenched programs may be difficult. For example, the Treasury Department implements housing and other assistance programs through block grants to states that have their own methods for implementing diversity criteria.
Pay equity and hiring practices
It’s not clear whether the Trump administration will target every initiative that stemmed from Biden’s DEI executive order.
For example, the Biden administration banned federal agencies from asking about an applicant’s salary history when setting compensation, a practice many civil rights activists say perpetuates pay disparities for women and people of color.
It took three years for the Biden administration to issue the final regulations, and Trump would have to embark on a similar rule-making process, including a notice and comment period, to rescind it, said Chiraag Bains, former deputy director of the White House Domestic Policy Council under Biden and now a nonresident senior fellow with Brookings Metro.
Noreen Farrell, executive director of gender rights group Equal Rights Advocates, said that she was hopeful that the Trump administration “will not go out of its way to undo the rule,” which she said has proved popular in some state and cities that have enacted similar policies.
And Biden’s DEI plan encompassed some initiatives with bipartisan support, said Bains. For example, he tasked the Chief Diversity Officers Executive Council with expanding federal employment opportunities for those with criminal records. That initiative stems from the Fair Chance Act, which Trump signed into law in 2019 and bans federal agencies and contractors from asking about an applicant’s criminal history before a conditional job offer is made.
Bains said that’s what Biden’s DEI policies were about: ensuring that the federal government was structured to include historically marginalized communities, not institute “reverse discrimination against white men.”
Despite the sweeping language of Trump’s order, Farrell said, “the reality of implementing such massive structural changes is far more complex.”
“Federal agencies have deeply embedded policies and procedures that can’t simply be switched off overnight,” she added.
Supreme Court rejects Republican backed Montana voting case
WASHINGTON (AP) — The Supreme Court on Tuesday turned back an election law case out of Montana that relied on a controversial legal theory with the potential to change the way elections are run across the country.
The high court declined to hear the case in a brief order without explaining its reasoning, as is typical.
Montana was appealing a ruling that struck down two Republican-sponsored election laws. The state was relying on the independent state legislature theory, which holds that state judges shouldn’t be allowed to consider election cases at all.
Montana Secretary of State Christi Jacobsen, a Republican, argues that only lawmakers have sway over state elections under the U.S. Constitution. She asked the justices to consider the case after the state’s highest court struck down laws ending same-day voter registration and prohibiting paid ballot collection.
The Montana Democratic Party, joined by tribal organizations and youth groups, argued the laws made it more difficult for Native Americans, new voters, the elderly and those with disabilities to vote.
Courts found the laws violated the rights of voters as protected under the state constitution.
The Supreme Court largely rejected the independent state legislature theory in a 2023 case known as Moore v. Harper. That case out of North Carolina focused on a legal argument that electoral maps can’t be challenged in court.
Still, the opinion left the door open for more legal wrangling by indicating there could be limits on state court efforts to police elections.
President Biden commutes Peltier's sentence
WASHINGTON (AP) — Indigenous activist Leonard Peltier will return home nearly half a century after he was imprisoned for the 1975 killings of two FBI agents. President Joe Biden commuted Peltier’s sentence Monday following decades of community-led advocacy calling his imprisonment an example of the U.S. government’s mistreatment of Native Americans.
The White House said Peltier, who is now 80 and of declining health, will transition to home confinement. The commutation is not a pardon for crimes committed, a decision some of Peltier’s advocates welcomed since he has always maintained his innocence. But the last-minute move as Biden left office angered law enforcement officers who believe he is guilty.
The National Congress of American Indians celebrated the “historic” decision in a statement saying the case “has long symbolized the systemic injustices faced by Indigenous Peoples.”
The president commuted Peltier over the objection of former FBI Director Christopher Wray. In a private letter sent to Biden earlier this month and obtained by The Associated Press, Wray reiterated his position that “Peltier is a remorseless killer,” and urged the president not to act.
“Granting Peltier any relief from his conviction or sentence is wholly unjustified and would be an affront to the rule of law,” Wray wrote.
Peltier was active in the American Indian Movement, which has grappled with police brutality and discrimination against Native Americans since the 1960s.
The movement grabbed headlines in 1973 when it took over the village of Wounded Knee on Pine Ridge — the Oglala Lakota Nation’s reservation in South Dakota — leading to a 71-day standoff with federal agents.
Peltier has long admitted he was present and firing during the June 26, 1975, confrontation with FBI agents who went to Pine Ridge to serve arrest warrants amid battles over Native treaty rights and self-determination.
After being injured in a shootout, agents Jack Coler and Ronald Williams were shot in the head at close range, the FBI said. AIM member Joseph Stuntz also was killed. Peltier fled to Canada but was extradited to the United States and convicted on two counts of first-degree murder. He was sentenced to life in prison in 1977, despite defense claims of falsified evidence.
Two other movement members and Peltier’s co-defendants, Robert Robideau and Dino Butler, were acquitted in the killings.
Peltier was denied parole as recently as July, and wasn’t eligible for parole again until 2026.
Chauncey Peltier, who was 10 when his father was locked up, said Monday he was shocked and thrilled.
“It means my dad finally gets to go home,” Peltier said. “One of the biggest rights violation cases in history and one of the longest-held political prisoners in the United States. And he gets to go home finally. Man, I can’t explain how I feel.”
Peltier’s tribe, the Turtle Mountain Band of Chippewa, has a home ready for him on the Turtle Mountain Indian Reservation in Belcourt, North Dakota, his son said.
Bureau of Prisons spokesperson Emery Nelson said Peltier remained incarcerated Monday at USP Coleman, a high-security prison in Florida. Peltier’s lawyer said his release date was tentatively set for Feb. 18.
The commutation Monday follows decades of lobbying and protests by Native American leaders and others who maintain Peltier was wrongfully convicted. Amnesty International has long considered him a political prisoner. Advocates for his release included Archbishop Desmond Tutu, civil rights icon Coretta Scott King, actor and director Robert Redford, and musicians Pete Seeger, Harry Belafonte and Jackson Browne.
But law enforcement officers, former FBI agents, their families and prosecutors strongly opposed a pardon or any reduction in Peltier’s sentence. Democratic Presidents Bill Clinton and Barack Obama also rejected Peltier’s clemency requests. He was denied parole in 1993, 2009 and 2024.
Mike Clark, with the Society of Former Agents of the FBI, condemned the commutation as a “cowardly act” as Biden was leaving the White House. The FBI Agents Association joined Clark in expressing outrage.
“To the two agents’ families, it’s just going to be devastating to them. And the guy’s a remorseless killer. And now he’s going home,” Clark said. “The two agents didn’t have a chance to go home.”
Biden issued a record number of individual pardons and commutations. He announced Friday that he was commuting the sentences of almost 2,500 people convicted of nonviolent drug offenses, and he issued a broad pardon to his son Hunter, who was prosecuted for gun and tax crimes.
Outgoing Interior Secretary Deb Haaland, the first Native American Cabinet member, posted on X that the commutation ″signifies a measure of justice that has long evaded so many Native Americans for so many decades.”
“I am grateful that Leonard can now go home to his family,” she added. “I applaud President Biden for this action and understanding what this means to Indian Country.”
