New York’s education system is facing the threat of lawsuits over racial discrimination
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FIRST ON FOX—New York may face legal action over its state-sponsored college enrichment program after two groups warned Gov. Kathy Hochul that the program’s eligibility rules allow discrimination against White and Asian students.
In a letter of demand sent Wednesday and obtained by Fox News Digital, the Pacific Legal Foundation (PLF) and the Equal Protection Project (EPP) urged Hochul and Department of Education Commissioner Betty A. Rosa to change the state-sponsored Collegiate Science and Technology Entry Program (CSTEP), arguing that it violates the Immunity Clause by authorizing eligibility based on race and ethnicity.
CSTEP, a program funded by a grant from the New York State Department of Education, is an educational and professional development program aimed at helping minority and economically disadvantaged students pursue careers in math, science, technology and health-related fields. Under state law, the program provides financial aid, tutoring, counseling and remedial and special summer courses to eligible students.
State laws limit eligibility to those who may be economically disadvantaged or those who are “historically underrepresented”, defined as Black, Hispanic, American Indian or Alaska Native students. The two groups argue that this allows discrimination against White and Asian students, who must prove they are economically disadvantaged to qualify.
New York State’s CSTEP program for college students pursuing STEM degrees is being challenged by two legal groups. (Stock)
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After PLF and EPP filed a federal lawsuit in 2024 challenging the state’s program for high school students – STEP – New York officials issued interim guidance to program administrators in 2025 saying they may uphold eligibility decisions for new students in both programs based on economic disadvantage and “without regard” to race or ethnicity.
But PLF and EPP argue that some campuses are still implementing or promoting a “historically misrepresented” requirement. They point to the University at Albany’s CSTEP page, which says applicants may qualify as “economically disadvantaged and/or historically underrepresented” and lists underrepresented minority groups. The website also says it is “currently not accepting new applications.”
The letter asks the governor to say by March 25 whether New York will eliminate race as an eligibility criteria for CSTEP, or face further legal action.
“The Supreme Court has made it clear that state programs that grant benefits or opportunities based on race are unconstitutional,” the groups wrote, citing the Students for Fair Admissions 2023 decision.
The Pacific Legal Foundation and the Equal Protection Project argue that STEM programs may discriminate against White and Asian students. (Getty Images)
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In a statement sent to Fox News Digital, Cornell law professor and founder of the Equal Protection Project, William Jacobson, said, “It is shameful that New York State requires, funds, and protects racist programs simply because the victims are Asian and White students. This would not be tolerated if the victims were Black or Hispanic.”
Erin Wilcox, senior attorney at the Pacific Legal Foundation, said, “CSTEP should be open to all qualified students, regardless of race.”
“Racism has no place in a publicly funded program like CSTEP, and NYSED must stop funding CSTEP programs that treat applicants differently based on race or ethnicity,” he continued in a statement to Fox News Digital. “It is time for Commissioner Rosa and his department to show that they are serious about equal opportunities everything New York students.”
Kathy Hochul, governor of New York, speaks during a news conference at the WIN NYC family shelter in New York, Thursday, March 5, 2026. (Adam Gray/Bloomberg via Getty Images)
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PLF and EPP have already challenged STEP in a similar case in federal court in Chu v. Rose. The case was filed in January 2024, and was allowed to continue until November 2024, after US District Judge David N. Hurd denied the government’s request to dismiss it.
Jacobson thanked the Asian parents and organizations who were “brave enough to be plaintiffs” in the STEP court case, said the college program “also deserves a legal challenge” and invited Asian and White students who have been discriminated against by the program to share their stories.
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The office of Gov. Hochul and New York Department of Education Commissioner Betty A. Rosa did not immediately return Fox News Digital’s request for comment.
The University at Albany told Fox News Digital, “As noted on the program’s website, the program is currently not accepting applications. When the program’s application window opens, the website will be updated to reflect that UAlbany’s CSTEP program is subject to eligibility criteria of non-racial and ethnic discrimination.”
