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On March 31, 2025 鈥� one day before Title X grants were set to be awarded 鈥� 16 grantees were informed of HHS鈥檚 decision to withhold funds pending investigation. This decision is seemingly based on the grantees鈥� public statements supporting diversity, equity, and inclusion (DEI) and opposing racism, which HHS claims amount to a 鈥減ossible violation鈥� of federal civil rights law, and a desire to ensure the grantees鈥� compliance with an anti-immigration executive order (Executive Order 14218, 鈥淓nding Taxpayer Subsidization of Open Borders鈥�). Grantees were given only 10 days to produce extensive documentation from their service sites and subgrantees, and funding has yet to be released.

The lawsuit argues that HHS violated its own rules and a federal statute that together govern how HHS can ensure compliance with grant terms and federal civil rights laws. The lawsuit also argues that HHS acted arbitrarily and capriciously by, among other things:

• Providing no reasonable explanation or justification for its decision to select these grantees for fund withholding and investigation;
• Targeting the grantees based on statements that align with the requirements of the Title X program; and
• Suddenly departing from its own prior understanding of Title X and federal civil rights law, without any acknowledgment of or explanation for that departure.