Written by Josh Johnson and Mary Frances Kenion
The Trump Administration has recently signed the “Ending Radical Government DEI Programs and Preferencing” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Orders – collectively known as the “Anti-DEIA Executive Orders.” These were signed in response to the Biden Administration’s 2021 “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” Executive Order, which was rescinded on January 20, 2025.
The Anti-DEIA (Diversity, Equity, Inclusion, Accessibility) Executive Orders will undoubtedly have an impact on the work of ending homelessness.
Less than two weeks ago, the Alliance noted how the U.S. Department of Housing and Urban Development (HUD) abruptly discontinued an unprecedented number of contracts for HUD Technical Assistance (TA). HUD cited “DEI culture transformation” as the reason for these cuts, despite a nationwide injunction halting the implementation of the Anti-DEIA Executive Orders. Specifically, Secretary Turner said:
“It is inexcusable the American taxpayer was footing the bill for the promotion of DEI propaganda. Not only was this costing millions of taxpayer dollars but it was also wasting valuable time that should have been used to better serve individuals and families in rural, tribal and urban communities.”
DEIA is not propaganda. In fact, it’s exactly what Secretary Turner acknowledged in his statement: we must better serve individuals and families in rural, tribal and urban communities. As a field, that is our mandate, and exactly why diversity, equity, inclusion, and accessibility is essential. But these Executive Orders have left organizations who receive federal funding wondering what to do.
Here’s what you need to know if you are thinking about, or have taken steps, to remove language about DEIA, in consultation with legal counsel as needed:
Legal Responsibilities
All recipients of Continuum of Care (CoC) Program and Emergency Solutions Grants (ESG) funding must comply with the nondiscrimination and equal opportunity provisions of federal civil rights laws.
- The Fair Housing Act prohibits discriminatory housing practices based on race, color, religion, sex, national origin, disability, or familial status. Additionally, Title VI of the Civil Rights Act prohibits discrimination based on race, color or national origin under any program or activity receiving federal financial assistance. This has not changed under the new administration.
- The Americans with Disabilities Act (ADA) also remains a standing law. Non-profit organizations and state and local governments who receive federal funding are legally obligated to prohibit discrimination against people with disabilities and ensure services (such as coordinated entry access points) are accessible.
Key Considerations Before Acting
Every person should have access to affordable, safe housing and healthcare. But certain groups have been systematically and/or intentionally excluded from economic, social, and political power or representation based on their race or ethnicity, gender identity or sexual orientation, disability, or geography. This exclusion has created disparities in who becomes homeless and multiplies barriers to rehousing, and is why we see these disparities persist to this day.
Diversity, equity, inclusion, and accessibility is an action: not just sentiments on a website, the name of a committee, or words in documents.
- You must continue to ensure effective communication with individuals with disabilities; serve people with disabilities in all your services, programs, and activities; and provide reasonable accommodation.
- Do not concentrate decision-making power to a single individual or small group; communities should drive any shifts in the work.
- Regularly review your organization’s data: both qualitative (stories) and quantitative (numbers) data inform the impact of interventions, policies, and efforts.
- Ensure that your organization’s strategies, interventions, and data analysis work represent fairness, access, inclusion, and representation efforts.
- Do not comply in advance with anti-DEIA orders whenever possible. These moments require intentionality to ensure the impact does not have negative consequences for relationships, partnerships, and people experiencing homelessness.
- Make decisions with transparency and accountability, and ensure that decisions and efforts align with community needs and values.
- Many states, cities or counties have additional protected classes (such as immigration status, sexual orientation, gender identity, etc.) and protections beyond federal civil rights laws.
- Contact your local housing counseling agency, human rights agency or commission, or state fair housing office to understand the additional protected classes, protections specific to your community, and guidance from local experts.
Navigating Risk
For transparency, the National Alliance to End Homelessness does not receive federal funding. We recognize that leaders and their boards across the country are having conversations about risk mitigation and harm reduction as it relates to the Anti-DEIA Executive Orders. Federal funds are critical for supporting the most vulnerable individuals and maintaining staff capacity.
You know the risks to your organization or CoC best – consider consulting with legal counsel as you chart your path forward.
Regardless of the path you take, it is crucial to sustain momentum towards a more just system while staying focused on the goal: ending homelessness for all by meeting the needs of all individuals experiencing homelessness. We must avoid reverting to historically marginalizing practices that create disparate outcomes and perpetuate harm against already marginalized groups.