New York governor warned to fix race-based college program or be taken to court

FIRST ON FOX—New York could face legal action over a state-funded college enrichment program after two groups warned Gov. Kathy Hochul that the program’s eligibility rules allow for discrimination against White and Asian students.

In a demand letter sent Wednesday and obtained by Fox News Digital, the Pacific Legal Foundation (PLF) and the Equal Protection Project (EPP) urged Hochul and Education Department Commissioner Betty A. Rosa to change the state-funded Collegiate Science and Technology Entry Program (CSTEP), arguing it violates the Equal Protection Clause by authorizing eligibility based on race and ethnicity.

CSTEP, a grant-funded program sponsored by the New York State Department of Education, is an academic and professional development program intended to help minority students and economically disadvantaged students pursue careers in math, science, technology and health-related fields. Under state law, the program offers financial aid, tutoring, counseling and remedial and special summer courses to eligible students.

State regulations limit eligibility to those who are either economically disadvantaged or those who are "historically underrepresented" minorities, defined as Black, Hispanic, American Indian or Alaskan Native students. The two groups argue this allows for discrimination against White and Asian students, who have to prove they are economically disadvantaged to qualify.

WATCHDOG EXPOSES TAXPAYER-FUNDED TEACHER PROGRAM FOR BANNING WHITE APPLICANTS: 'LIKELY ILLEGAL'

After PLF and EPP filed a federal lawsuit in 2024 challenging the state's sister program for high school students — STEP — New York officials issued interim guidance to program administrators in 2025 saying they may base eligibility decisions for new students in both programs solely on economic disadvantage and "without regard" to race or ethnicity.

But PLF and EPP argue some campuses still apply or advertise the "historically underrepresented" requirement. They point to the University at Albany’s CSTEP page, which states applicants may qualify as "economically disadvantaged and/or historically underrepresented" and lists underrepresented minority groups. The website also says it is "not currently accepting new applications."

The letter asks the governor to say by March 25 whether New York will eliminate race as an eligibility criterion for CSTEP, or potentially face further legal action.

"The Supreme Court has made clear that state programs that allocate benefits or opportunities based on race are presumptively unconstitutional," the groups wrote, citing the 2023 Students for Fair Admissions decision.

OVER 100 CALIFORNIA COLLEGES ACCUSED OF DISCRIMINATING AGAINST US-BORN STUDENTS IN NEW DOJ COMPLAINT

In a statement to Fox News Digital, Cornell law professor and founder of the Equal Protection Project, William Jacobson, said, "It is shameful that the State of New York requires, funds, and defends racially discriminatory programming just because the victims are Asian and White students. This would never be tolerated if the victims were Black or Hispanic."

Erin Wilcox, a senior attorney at Pacific Legal Foundation, said, "CSTEP should be open to all qualified students, regardless of race."

"Racial discrimination has no place in a publicly-funded program like CSTEP, and NYSED should stop funding CSTEP programs that treat applicants differently based on race or ethnicity," she continued in a statement to Fox News Digital. "It's time for Commissioner Rosa and her department to show they're serious about equal opportunity for all New York students." 

CLICK HERE FOR MORE COVERAGE OF MEDIA AND CULTURE

PLF and EPP are already challenging STEP in a similar case in federal court in Chu v. Rosa. The case was filed in January 2024, and allowed to proceed in November 2024, after U.S. District Judge David N. Hurd denied the state’s motion to dismiss.

Jacobson thanked the Asian parents and organizations "who were brave enough to be plaintiffs" in the STEP court case, saying the college program "also deserves legal challenge" and invited Asian and White students who've been discriminated against through this program to share their story.

Gov. Hochul's office and New York Education Department 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 website, the program is not currently accepting applications. When the program application window opens, the website will also be updated to reflect that UAlbany’s CSTEP program relies on race-neutral and ethnicity-neutral eligibility criteria."