August 11, 2025

Statement on July 29 memo from the Office of the Attorney General

To FirstGen Forward Network Institutions, Advocates, and Allies:

I want to address recent questions and concerns following a July 29 memo issued by Pam Bondi in the Office of the Attorney General. While the language in the memo has understandably raised alarms, I want to be clear: this non-binding guidance does not prohibit first-generation-student-focused activities, programming, or support.

The memo addresses the use of first-generation status as a proxy for race or other protected characteristics in programs explicitly designed to influence demographic outcomes. This is part of a broader effort to scrutinize and challenge certain DEI strategies, particularly those that aim to impact racial or gender representation through indirect means.

Here’s the relevant excerpt:

"Prohibit Demographic-Driven Criteria: Discontinue any program or policy designed to achieve discriminatory outcomes, even those using facially neutral means. Intent to influence demographic representation risks violating federal law. For example, a scholarship program must not target "underserved geographic areas" or "first-generation students" if the criteria are chosen to increase participation by specific racial or sex-based groups. Instead, use universally applicable criteria, such as academic merit or financial hardship, applied without regard to protected characteristics or demographic goals."

However, nothing in the memo precludes institutions from continuing their critical support for first-generation students. Programs that are rooted in mission, student success, financial need, and academic achievement remain lawful, appropriate, and essential. First-generation students face well-documented challenges and opportunities that require targeted, thoughtful interventions, and our shared commitment to that work remains unwavering.

We are actively analyzing the full implications of this memo, both immediate and long-term, and we will continue to provide guidance and advocacy to ensure first-generation students receive the support they need to succeed. While the memorandum reflects the Department of Justice’s interpretation and does not carry the force of law, we encourage institutions to review it closely and consult with institutional counsel if questions remain about compliance and alignment with your institution’s values and mission.

First-generation student success will remain a cornerstone of the higher education mission. Your programs, rooted in student achievement and access, are not only lawful but essential. We stand with you in this work and, together, we will navigate these developments with clarity, confidence, and a commitment to the students we serve.

Thank you for your continued leadership and dedication.

Regards,
Kevin Kruger
Interim CEO, FirstGen Forward

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CONTACT:
Senior Director of External Relations & Policy
media@firstgenforward.org