Updates and Guidance Related to Federal Executive Orders, Memos and Agency Guidance

Updated: April 14, 2025

As the federal landscape evolves, we are committed to providing information about executive orders, memorandums and guidance that may affect our work and community at the University of Maryland.

While many of these directives are still being evaluated to understand impact, we will provide updates as information is verified. This page serves as a central hub for updates and resources related to relevant federal actions.

Message from President Pines and Provost Rice: Monitoring and Navigating the Evolving Federal Landscape (February 28, 2025)

Message from President Pines and Provost Rice: Potential Higher Education Impacts Amidst a Changing Federal Landscape (February 13, 2025)

Executive Orders by Topic

Important Links:

Additional Information:

On January 20, the administration issued an executive order titled "Reevaluating and Realigning United States Foreign Aid." The order issues a 90 day pause on disbursements for foreign aid programs and could have an impact on certain research. On February 13, a federal judge in the District of Columbia issued a temporary restraining order (TRO) preventing the pause on disbursements for work completed on the government's behalf prior to that date, and on February 25, the same judge denied the administration's motion to stay the TRO and set a payment deadline of February 26. On February 26, Chief Justice of the United States John Roberts paused the TRO to allow the Supreme Court time to review the administration's request to lift it. On March 5, the United States Supreme Court issued a decision upholding the lower court's order requiring the disbursement of funds.

On January 21, the U.S. Department of Health and Human Services (HHS) issued a memo pausing public communications from all HHS agencies—including the CDC, FDA and NIH—and subsequently instructed staff to suspend all work-related travel and grant reviews. On February 4, HHS issued internal guidance and procedures allowing certain external communications, travel and grant reviews to resume.

On January 27, the White House Office of Management and Budget (OMB) issued a memo directing federal agencies to temporarily pause all activities related to federal financial assistance or that may be implicated by recent executive orders. On January 29, a federal judge in the District of Columbia issued a temporary stay on the memo (this stay was continued on February 25). OMB rescinded the memo the same day but continued to pause certain federal financial assistance. On January 31, another federal judge in Rhode Island granted a temporary restraining order (TRO) blocking the administration from freezing federal loans, grants and other financial assistance. On February 10, that federal judge reinforced the TRO and ordered the administration to immediately restore frozen funding in response to claims that federal agencies continue to improperly freeze federal funds, and on March 6, the same judge granted a preliminary injunction that prevents the freezing of federal funds indefinitely.

On February 7, the National Institutes of Health (NIH) issued a notice that, effective immediately, all payments made by the NIH to universities, hospitals, research institutions and other grantees for “indirect costs”—which include costs related to facilities and administration—will be capped at a 15% rate. The change applies to both new and existing grant awards. The Division of Research has issued guidance to individuals on campus that receive NIH support and/or plan to submit an NIH proposal.

On February 10, 22 state attorney generals, including Attorney General Anthony Brown for the State of Maryland, filed suit against the U.S. Department of Health and Human Services and the NIH to seek injunctive relief from the NIH notice. The same day, a federal judge in Massachusetts issued a Temporary Restraining Order (TRO) preventing the NIH from enacting the rate change. On February 21, that judge extended the order until a further order is issued resolving the request for a preliminary injunction.

On February 17, the Department of Education announced the termination of over $600 million in teacher training grants. On March 10, a federal judge in Massachusetts issued a temporary restraining order preventing the termination of the grants. On April 4, the U.S. Supreme Court overturned the temporary restraining order to allow termination of the grants to move forward.

On February 27, the administration issued an executive order titled "Implementing the President's 'Department of Government Efficiency' Cost Efficiency Initiative." The order seeks to review and centralize all federal discretionary payments, including grants, projects and loans, under DOGE. Agency heads are tasked with immediately reviewing all grants and contracts and, notably, "the process... shall prioritize the review of funds disbursed under covered contracts and grants to educational institutions and foreign entities for waste, fraud, and abuse." Each agency head is instructed to complete this review within 30 days and determine if terminations or modifications are needed in order to promote efficiency or decrease spending. Once the review is completed, agency employees are instructed to publicly submit "brief, written justifications" prior to that employee's approval of a future payment for covered contracts and grants. There are also provisions freezing agency employee travel.

On March 27, the administration issued an executive order titled "Restoring Truth and Sanity to American History." The order impacts the Smithsonian Institution and "prohibit[s] expenditure on exhibits or programs that degrade shared American values, divide Americans based on race, or promote programs or ideologies inconsistent with Federal law and policy," which could have implications on projects conducted in partnership with Smithsonian museums and research centers.

On April 4, 16 state attorneys general, including Maryland Attorney General Anthony G. Brown, filed a federal lawsuit seeking injunctive relief against the Department of Health and Human Services (DHHS) and the National Institutes of Health (NIH). The lawsuit argues that "by postponing meetings, delaying the review of pending applications, failing to issue final recommendations, and terminating issued grants, NIH is failing to meet its statutory obligations and violating applicable regulations."

On April 11, the Department of Energy announced that, similar to the previous announcement by the National Institutes of Health, it would cap indirect cost rates for colleges and universities at 15%. The announcement further states that, "Consistent with this memorandum, the Department is undertaking action to terminate all grant awards to IHEs that do not conform with this updated policy." On April 14, the Association of Public Land-grant Universities (APLU), the Association of American Universities (AAU), and the American Council on Education (ACE) filed a lawsuit against the Department of Energy seeking a halt to the proposed indirect cost rate cut.

Important Links:

March 20, 2025: Executive Order: Improving Education Outcomes by Empowering Parents, States, and Communities

Additional Information:

On March 20, 2025, the administration issued an executive order titled "Improving Education Outcomes by Empowering Parents, States, and Communities." The order calls for the dismantling of the Department of Education. The order directs the Secretary of Education to take "all necessary steps to facilitate the closure of the Department of Education and return education authority to the States, while continuing to ensure the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely." Additionally, the order directs that "programs or activities receiving any remaining Department of Education funds will not advance DEI or gender ideology." Closure of a Cabinet-level agency would require the approval of Congress.

Important Links:

March 5, 2025: Multistate Guidance for Schools on Diversity, Equity, Inclusion, and Accessibility Initiatives
March 1, 2025: ED Memo: U.S. Department of Education Releases Frequently Asked Questions on Dear Colleague Letter About Racial Preferencing
February 21, 2025: Federal Court Ruling: U.S. District Judge Adam Abelson Issues Temporary Restraining Order Preventing Bans on DEI Programs
February 14, 2025: Letter from Acting Assistant Secretary for Civil Rights, U.S. Department of Education
February 13, 2025: Multi-State Guidance Concerning Diversity, Equity, Inclusion and Accessibility Employment Initiatives
February 5, 2025: Executive Order: Keeping Men Out of Women's Sports
February 4, 2025: ED Memo: Department of Education Guidance on Title IX Enforcement
January 29, 2025: Executive Order: Additional Measures to Combat Anti-Semitism
January 21, 2025: Executive Order: Ending Illegal Discrimination and Restoring Merit-Based Opportunity
January 20, 2025: Executive Order: Ending Radical And Wasteful Government DEI Programs And Preferencing

Additional Information:

On January 20, the administration issued an executive order titled “Ending Radical And Wasteful Government DEI Programs And Preferencing.” This order requires federal agencies to terminate “equity-related” grants or contracts and all DEI or DEIA performance requirements for employees, contractors or grantees, and directs agencies to provide a list of contractors who have provided DEI training or training materials to federal employees and all grantees who have received federal funding to “provide or advance DEI, DEIA, or ‘environmental justice’ programs, services or activities since January 20, 2021.” On January 31, a federal judge issued a Temporary Restraining Order (TRO) preventing the freeze of federal loans, grants and other financial assistance, including grants with DEIA components. Please reach out to the Office of Research Administration if you receive a stop-work order on a federal grant for review of DEIA components.

On January 21, the administration issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The order eliminates all diversity, equity and inclusion programs in the federal government; directs each agency to identify “up to nine potential civil compliance investigations” of organizations including higher education institutions; and instructs the U.S. Attorney General and Secretary of Education to issue guidance to all higher education institutions that receive federal funding on compliance with the Supreme Court ruling banning race-conscious admissions.

On January 29, the administration issued an executive order titled “Additional Measures to Combat Antisemitism.” The order instructs a number of federal agencies to identify administrative or legal complaints of antisemitism after October 7, 2023 involving higher education institutions; and directs the U.S. Secretary of State, Secretary of Education and Secretary of Homeland Security to provide a report and recommendations to familiarize institutions of higher education with the grounds for inadmissibility into the U.S. so that institutions may “monitor for and report activities” by international students, faculty and staff “relevant to those grounds.”

On February 4, the Office of Civil Rights (OCR) within the Department of Education issued guidance to K-12 schools and institutions of higher education advising educators and administrators that OCR will enforce Title IX using the interpretation of “sex” to mean “the objective, immutable characteristic of being born male or female.”

On February 5, the administration issued an executive order titled "Keeping Men Out of Women's Sports." This order bans transgender athletes from competing in women’s and girl’s school-sponsored athletics. The order would further prioritize Title IX enforcement actions against educational institutions that allow transgender athletes to compete in women's and girls sports programs and instructs all federal agencies to rescind funding to programs that fail to comply with the policy.

On February 13, the Attorneys General of 16 states, including Maryland Attorney General Anthony Brown, issued guidance concerning Diversity, Equity, Inclusion and Accessibility (DEIA) employment initiatives.

On February 14, the acting Assistant Secretary for Civil Rights in the Department of Education sent a letter outlining new guidance for compliance with and enforcement of Title VI. More guidance from the Department of Education is expected. On March 5, the Department of Education released a Frequently Asked Questions document about the letter.

On February 21, a federal judge in Maryland issued a temporary restraining order (TRO) preventing the administration from implementing bans on diversity, equity and inclusion programs operated by federal agencies and federal grant and contract recipients, as ordered in the President's executive orders titled "Ending Radical and Wasteful Government DEI Programs and Preferencing" and "Ending Illegal Discrimination and Restoring Merit-based Opportunity." Under the TRO, the administration may not "pause, freeze, impede, block, cancel, or terminate any awards, contracts or obligations ('Current Obligations'), or change the terms of any Current Obligation," on the basis of these executive orders. The administration also cannot require any grantee or contractor to make any "certification" around DEI in their submissions for funding.

On March 5, 15 state attorneys general, including Maryland Attorney General Anthony Brown, issued multistate guidance to institutions of higher education and K-12 schools in response to federal orders and agency guidance regarding diversity, equity, inclusion and accessibility.

Important Links:

April 10, 2025: Amicus Brief filed by 86 institutions and associations, including the University System of Maryland, supporting a preliminary injunction to stop the revocation of student visas without cause and arresting, detaining and deporting noncitizen students and faculty.
March 19, 2025: Letter from Chairman Moolenaar Demanding Transparency from Universities on National Security Risks Posed by Chinese Nationals in STEM Programs
January 20, 2025: Executive Order: Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats
January 20, 2025: Executive Order: Protecting the Meaning and Value of American Citizenship
January 20, 2025: Executive Order: America First Policy Directive to the Secretary of State

Additional Information:

On January 20, the administration issued an executive order titled "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats." This order directs the Secretary of State, in coordination with other federal agencies, to enhance vetting for all visa applicants including F-1 and J-1 students, and directs the departments of State and Homeland Security to ensure that applicants “do not bear hostile attitudes” toward U.S. institutions. These provisions could impact visa processing. The order also directs certain federal agencies to identify, within 60 days, "countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries." Starting on March 21, these agencies may issue new travel restrictions and entry requirements may change unexpectedly.

On January 20, the administration issued an executive order titled "Protecting the Meaning and Value of American Citizenship.” The order ends birthright citizenship—which grants citizenship to all people born in the U.S.—and extends to individuals born to mothers lawfully but temporarily in the U.S. where the father was not a U.S. citizen or lawful permanent resident. This order has been temporarily blocked by several federal judges.

On January 20, the administration issued an executive order titled “America First Policy Directive to the Secretary of State.” The order directs the Department of State to align all policies and programs with an “America First” approach, which could have implications for international exchange and study abroad programs funded by the Department of State.

On March 19, the university received a letter from the House Select Committee on the Chinese Communist Party requesting information on our policies and practices regarding the enrollment of Chinese national students in advanced STEM programs and federally funded research. The committee sent the letter to five other universities, including Carnegie Mellon, Purdue University, Stanford University, the University of Illinois, and the University of Southern California. It is our understanding that the request for information is not seeking personally identifiable information. The university therefore intends to respond accordingly, and otherwise consistent with federal and state privacy laws, by the deadline of April 25.

On April 10, the University System of Maryland joined 85 other institutions and associations in signing an amicus brief to support a lawsuit against the federal government over its revocation of student visas.

Important Links:

January 21, 2025: DHS Statement: Statement from a DHS Spokesperson on Directives Expanding Law Enforcement and Ending the Abuse of Humanitarian Parole
January 20, 2025: Executive Order: Protecting the American People Against Invasion

Additional Information:

On January 20, the administration issued an executive order titled “Protecting the American People Against Invasion.” This order requires the U.S. Attorney General and the Secretary of Homeland Security to review contracts, grants and agreements between the federal government and “non-governmental organizations supporting or providing services, either directly or indirectly, to removable or illegal aliens.”

Separately, the Department of Homeland Security (DHS) issued a directive rescinding a long-standing policy that identified schools, hospitals and churches as “sensitive locations” and limited them from immigration enforcement actions. As a result, Immigration and Customs Enforcement (ICE) will no longer treat these “sensitive locations,” including college campuses, differently from other locations.

Resources

Updated Guidance for Managing Government Enforcement Agent Requests
- Office of the General Counsel: (301) 405-4945
- UMPD: (301) 405-3555

Division of Research Updates on Federal Funding
- Message from Vice President for Research Gregory F. Ball on Feb. 7 NIH Notice (February 10)
- Message from Vice President for Research Gregory F. Ball on Jan. 27 OMB Memo (January 28)

International Students & Scholars (ISSS) Updates

February 7, 2025: Statement of AAU President Barbara R. Snyder on Cuts to NIH Facilities and Administrative (F&A) Research Costs
January 29, 2025: Statement of AAU President Barbara Snyder on Rescinding of January 27 OMB Memo
January 28, 2025: Statement of AAU President Barbara Snyder on January 27 OMB Memo Pausing American Scientific Advancement

About Executive Orders

The slideshow below was created by the National Association of College and University Business Officers (NACUBO) and outlines the process of issuing (the President) and responding to (Congress and Judiciary) executive orders.

Graphic with text "Executive Orders 101"

Graphic containing background information on executive orders with the following text: Article Two grants the President executive powers to "take care that the laws be faithfully executed."; Executive orders can be used to shape policy by administering guidance and issuing directives to federal agencies; Executive orders do not require approval from Congress but orders are not permanent and can be overturned; The Office of Budget Management (OMB) coordinates the executive order process.

Graphic titled "Process for Issuing" with the following text in timeline format: OMB receives draft; OMB Director approves of order; Attorney General approves of order; Director of Federal Register reviews order; President signs order; Order is published in the Federal Register.

Graphic titled "Important Notes" with the following text: Orders must be published in the Federal Register to take effect; Orders must be based on Article Two authority or congressional delegation.

Graphic titled "Executive Orders" with two columns titled "Able to Do" and "Not Able to Do." The following text is listed under "Able to Do": Direct law and implementation allocation of agencies; Create committees, agencies and task forces; Change the administrative structures; Activate emergency power; Address military operations and foreign affairs. The following text is listed under "Not Able to Do": Alter the Constitution; Direct federal spending outside of Congress; Overturn SCOTUS rulings; Nullify existing legislation; Alter the balance of power between Congress and the Judiciary; Bypass the legislative process.

Graphic titled "Judicial Review" with two sections. The first section has the following text: Courts can call into question whether an executive order is accurately based on constitutional powers or congressional delegation; The court can challenge executive orders based on statutory, constitutional, or "reasonableness review" from the Due Process Clause. The section section is labeled "Courts Can Determine..." and contains the following text: Whether a President has the power to act; Whether the order exceeds the scope of Congress's Delegation; The underlying scope and impact of the order.

Graphic titled "Congressional Action" containing two sections. The first section reads: If the president uses a congressional delegation to issue an order, Congress can repeal or modify it through legislation, but the President's veto power makes this rare; Congress can additionally codify a previously issued order; Once codified, future presidents cannot revoke the directive. The section section is labeled "Congress Could Limit Executive Action By" and contains the following text: Using its appropriations authority to limit or deny federal funding; Imposing regulations, such as the National Emergencies Act, in order to roll back presidential power