Just the News reports that the Office of Legal Counsel (OLC) has determined conservation?planning programs that authorized USDA to waive user fees for "socially disadvantaged" farmers as defined by race? and sex?based criteria, violated the Constitution's equal-protection guarantee.

The DOJ defines "socially disadvantaged" farmers as any "whose members have been subjected to racial, ethnic, or gender prejudice," including women and African American, Hispanic, and Asian people.

The agency found that billions of dollars distributed in fiscal 2025 illegally favored non-Caucasians.

Of 36 programs reviewed, the DOJ declared that most were unlawful, and that the USDA must provide assistance via "constitutionally permissible means." Five programs, which can be "administered in a race- and sex-neutral manner," will be retained.

In a Monday press release, Acting Attorney General Todd Blanche said, "Racial discrimination is illegal, and the government cannot show preference to certain groups when awarding special benefits without a compelling reason to justify the classification."

Blanche added, "This Department of Justice is committed to ending illegal DEI initiatives across the federal government that violate our Constitution and laws."

USDA Secretary Brooke Rollins affirmed, "All persons served by this Department will, without question, be treated equally."

Rollins said, "Today's opinion affirms discrimination based on race and sex is unconstitutional and no program at the U.S. Department of Agriculture, including those in the Farm Production and Conservation mission area, will act otherwise."

The USDA may continue to provide technical assistance, financial support, and outreach to farmers and ranchers through constitutionally permissible means.

The Trump administration has spearheaded a DEI crackdown across federal agencies and education.