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President Donald Trump’s anti-DEI agenda hit a road bump Thursday as United States District Court Judge Landya McCafferty issued a preliminary injunction blocking the administration from punishing schools for DEI curriculum.

McCafferty, a Barack Obama appointee who sits in New Hampshire, kicked off her 85-page ruling by arguing that Trump’s anti-DEI push is totalitarian.

“‘[T]he right to speak freely and to promote diversity of ideas and programs is… one of the chief distinctions that sets us apart from totalitarian regimes.’ Terminiello v. City of Chicago, 337 U.S. 1, 4 (1949). In this case, the court reviews action by the executive branch that threatens to erode these foundational principles,” McCafferty wrote.

McCafferty’s ruling was one of three issued in separate courts ruling against the Trump administration’s attempt to end race-based policies implemented in the name of “Diversity, Equity and Inclusion” (DEI).

The injunction stems from Education Secretary Linda McMahon’s February letter to schools — formally known as a “Dear Colleague” letter — directing the removal of DEI content. Institutions that did not comply were threatened with the loss of federal funds. The National Educators Association and the NEA’s New Hampshire branch brought a lawsuit against the anti-DEI order, along with the Center for Black Educator Development.

“For many schools, loss of federal funding would be crippling. It is predictable—if not obvious— that such schools will eliminate all vestiges of DEI to avoid even the possibility of funding termination,” McCafferty wrote.

McMahon’s letter defines DEI as programs that “teach students that certain racial groups bear unique moral burdens that others do not” and/or “stigmatize students who belong to racial groups.”

But McCafferty found the DEI prohibition outlined in McMahon’s letter and follow-up communications from the federal Department of Education (DOE) demonstrate that the anti-DEI order is vague, unconstitutional, and unenforceable.

“Although the 2025 Letter does not make clear what exactly it prohibits, it makes at least one thing clear: schools should not come close to anything that could be considered ‘DEI,’ lest they be deemed to have guessed wrong in violation of the 2025 Letter’s vague and expansive prohibitions,” McCafferty wrote. 

Under the vague DEI definition in McMahon’s letter and subsequent DOE’s communications, an elementary school teacher promoting “The Golden Rule,” a high school history teacher giving a lesson on the rise of the KKK in the aftermath of the Civil War, or a literature teacher assigning work based on the novels  “To Kill A Mockingbird” or “Heart of Darkness” could all potentially be punished, McCafferty wrote. 

“DEI as a concept is broad: one can imagine a wide range of viewpoints on what the values of diversity, equity, and inclusion mean when describing a program or practice. It is no surprise that several courts— including this one—have struck down similar laws as void for vagueness,” McMahon wrote.

The Trump administration showed no sign of backing down.

“Any judge objecting to this effort is making a mockery of the Constitution they swore an oath to uphold,” White House spokesman Harrison Fields said in a statement.

Attorneys for the Trump administration argued McMahon wasn’t announcing a DEI ban, but instead advising schools against engaging in racial discrimination. McCafferty was not convinced, especially since the DOE created an “End DEI” portal on its website following the letter’s publication.

McCafferty stops short of issuing a national injunction, as the plaintiffs sought. Nor does she limit the injunction to New Hampshire as the government requested. Instead, McCafferty’s injunction applies to any school or entity that employs members of the NEA or the Center for Black Educator Development.

This isn’t McCafferty’s first high-profile ruling. Earlier this year, she sided with the City of Nashua in a lawsuit over its policy of banning flags from its “citizens’ flagpole” that city officials deemed inappropriate, including the Pine Tree flag that is part of New Hampshire’s Revolutionary history.

New Hampshire’s largest teacher’s union supports so-called “diversity, equity, and inclusion” (DEI) policies so much that it’s going to court to defend them.

The New Hampshire chapters of the National Educators Association and the American Civil Liberties Union filed a lawsuit in the United States District Court in Concord on Wednesday in response to the Trump administration’s DEI order.

The lawsuit claims the Trump administration is violating the Constitution by seeking to ban DEI practices and instruction. The complaint pinpoints the Feb. 14 letter that then-nominee for Education Secretary Linda McMahon sent to schools across the nation threatening a loss of funding if those institutions continue DEI programs as part of their educational offerings.

The letter defines DEI as programs that “teach students that certain racial groups bear unique moral burdens that others do not” and/or “stigmatize students who belong to racial groups.”

It’s part of the Trump administration’s attempt to end the practices promoted by President Joe Biden and his administration. Trump’s order instructs agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements.”

The national NEA and ACLU are backing the New Hampshire lawsuit to block the Trump policy.

“Across the country, educators do everything in their power to support every student — no matter where they live, how much their family earns, or the color of their skin — ensuring each feels safe, seen, and prepared for the future. Now, the Trump administration is threatening to punish students, parents and educators in public schools for doing just that: fostering inclusive classrooms where diversity is valued, history is taught honestly, and every child can grow into their full brilliance,” said Becky Pringle, president of the National Education Association. 

Gilles Bissonnette, legal director of the ACLU of New Hampshire, said in a statement Wednesday’s lawsuit is similar to one he successfully brought against New Hampshire’s Department of Education in the wake of the state passing its education anti-discrimination law. That law banned teaching that one group of people is inherently superior or inferior to another and that people are inherently racist, sexist, etc., based on the group they are in, among other concepts.

“Like New Hampshire’s classroom censorship law that we successfully challenged in court, this unconstitutionally vague letter is an attack on educators who are simply doing their job,” Bissonnette said. “Teachers are already reporting being afraid to teach for fear of having their teaching deemed unlawful, and that deprives Granite State students of the complete education that they deserve.”

The lawsuit claims McMahon and Trump have no legal authority to dictate what gets taught in New Hampshire classrooms. New Hampshire teachers frequently use DEI programming as they see fit, the lawsuit states.

“They have incorporated issues of race, diversity, equity, and inclusion in the content and approach to their teaching, in their broader educational practices, and in training and support for educators, all in accordance with sound pedagogical practice,” according to the lawsuit.

“We’re urging the court to block the Department of Education from enforcing this harmful and vague directive and protect students from politically motivated attacks that stifle speech and erase critical lessons. Teaching should be guided by what’s best for students, not by threat of illegal restrictions and punishment.”

Manchester mom Saverna Ahmad knew her children needed a lot more than what they were getting at their public high schools, but she didn’t have a lot of options.

“At other schools, my kids had to go with the pace. They were bored,” she said.

Manchester’s school district is struggling to educate all students, whether they need advanced courses or remedial help. In some cases, the district is failing. 

When the New Hampshire Department of Education released the mandated list of Comprehensive Support and Improvement Schools — the lowest-performing five percent of all schools in the state receiving Title I, Part A funds — three of these failing schools are in Manchester: Beech Street School, Henry Wilson Elementary School, and Parker-Varney School.

The state DOE has identified 19 schools across New Hampshire as Comprehensive Support and Improvement Schools, including high schools with a four-year graduation rate of less than 67 percent. Those schools are now eligible for a share of $3.7 million in additional federal funding.

“To help aid with continued progress, the New Hampshire Department of Education will offer ongoing reviews, technical assistance, and monitoring to support each CSI school with its improvement efforts,” said Education Commissioner Frank Edelblut.

In Manchester, the Middle School at Parkside, Southside Middle School, and Manchester West High School are all in the Department of Education’s Targeted Support and Improvement plan.

But until recently, working parents like Ahmad had limited options if their children were attending failing schools like these. Both her children, now teens, are gifted and ready for advanced classes that are unavailable in Manchester’s school district. In fact, the only solution her son’s teachers could come up with was to simply graduate him after his sophomore year in high school and get him into college.

“I don’t want him to go to college at 17,” she said. “As a mom, I don’t think he’s ready to graduate.”

Ahmad knew there were schools in and around Manchester that could offer her son and daughter the education they needed, but she couldn’t afford them. Private school tuition was simply out of reach until Ahmad learned about the Education Freedom Account program.

“I didn’t know this kind of thing existed until Shalimar (Encarnacion, with the Children Scholarship Fund NH) reached out, and now I’m an ambassador,” she said.

New Hampshire’s EFA program awards need-based grants to families they can use to pay for tutoring, necessary educational hardware, extracurricular classes, private school tuition, and home school supplies. For Ahmad and her children, it meant a lifeline to opportunity.

“Coming from a salary where you don’t have much, it allows us to give the kids a break, and they can grow and enjoy their education,” she said. “As a mom, it makes me feel like the kids are where they need to be.”

It may not take a mathematical genius to understand that as Manchester’s public schools continue to fail students, more families like Ahmad’s are going to seek another solution. This year, EFA enrollment went up 20 percent to 4,211 students. Of that total, 1,577 students are new to the program. 

“It has been three years since the launch of New Hampshire’s successful Education Freedom Account program, and it is apparent that New Hampshire families are taking advantage of this tremendous opportunity that provides them with different options and significant flexibility for learning,” Edelblut said.

But EFA’s popularity is a problem for state Democrats and their teacher union allies. Meg Tuttle, president of the New Hampshire NEA, wants families in public schools to stay put.

“Taxpayer funds should be spent to resource neighborhood public schools to ensure they are desirable places to be and to learn, where students’ natural curiosity is inspired,” Tuttle said in a statement.

According to data from the Department of Education, New Hampshire’s EFA system is cost-efficient. Taxpayers are handing over a little more than $22 million this school year for EFA grants, about $5,255 per student on average. The cost per pupil for public schools is close to $20,000, sometimes more. If all the EFA students switched to public schools, it would increase taxpayer costs by another $63 million.

Executive Councilor Cinde Warmington, a Democrat running for governor, promises to end the EFA program if elected and kick all of the students out of the school of their choice. Poor parents who want to send their kids to private schools would be out of luck.

“We don’t take taxpayer dollars to subsidize private schools,” Warmington told WMUR.

Both of Warmington’s children attended the elite Tilton School for secondary education, an independent boarding and preparatory school in New Hampshire. Tilton charges $38,500 for day school and nearly $67,000 for boarding school.

Warmington is a retired partner with the prestigious and politically connected Shaheen & Gordon law firm. Her husband, William Christie, is a partner at the firm. Partners in law firms maintain part ownership and take a percentage of the firm’s overall profit.

The EFA grants are available to New Hampshire families who earn no more than 350 percent of the federal poverty level. For Ahmad, EFA means her children have opportunities to succeed in school and in life. These are opportunities she could not afford on her own.

“It levels the playing field,” Ahmad said.