Litigation Update

On May 28, Attorney General Kaul announced that Wisconsin “joined a coalition of 15 other attorneys general in filing a lawsuit to stop the National Science Foundation’s (NSF) attempt under the Trump Administration to gut funding for critical scientific research and education at universities in Wisconsin and across the nation.”

As is further noted in the release, “The NSF directive imposes a 15% cap on indirect cost reimbursements for all NSF funded research at higher education institutions. At UW-Madison, where negotiated indirect cost rates for on-campus research typically range between 50 to 60%, this cap is expected to result in an annual loss approaching $38 million by fiscal year 2028. UW-Milwaukee faces a loss of $1.5 million annually in indirect cost recovery as a result of NSF’s planned cap.”

Additional information is available in the press release and the complaint itself. For more, you can continue to monitor the Universities of Wisconsin Litigation Update page.

House Committee on Education and Workforce

On June 4, the House Committee on Education and Workforce will hold a hearing titled, “Examining the Policies and Priorities of the department of Education.” Secretary McMahon will be the sole witness, and if interested, you can tune in on the committee website to watch live.

Recent Federal Actions

Higher Education Leaders Share Concerns on Federal Financial Aid

The leaders of the Universities of Wisconsin, the Wisconsin Association of Independent Colleges and Universities, and the Wisconsin Technical College System sent a letter to Wisconsin’s Congressional Delegation highlighting concerns with the Student Success and Taxpayer Saving Plan as passed by the House Education and Workforce Committee. If interested, you can read the letter from Jay Rothman, President, Universities of Wisconsin, Eric Fulcomer, President, Wisconsin Association of Independent Colleges and Universities, and Layla Merrifield President, Wisconsin Technical College System.

On May 22, these leaders gathered together for a press conference where they discussed their concerns with the legislation and its impact on students- some of whom attended the event. For more, you can read a statement from each leader, which was shared following the press conference.

In the background of this and as Congress continues to work to advance the broader reconciliation package, several national associations representing higher education wrote letters to Congress expressing similar concerns. Importantly, the Universities of Wisconsin continue to engage with Members of Congress – including the Wisconsin Congressional Delegation – and through our national associations on issues of importance and concern to our universities. Further updates continue to be shared with designated university legislative liaisons, who are engaged in similar efforts both state and federally as appropriate.

Reconciliation Update

On May 22, 2025, via a vote of 215-214-1, the House of Representatives passed H.R. 1, the One Big Beautiful Bill Act. The legislation now moves to the Senate where further consideration and adjustments are expected following the Memorial Day Recess.

Litigation Update

On Mary 22, 2025, a preliminary injunction was granted in the State of New York v. Linda McMahon, a multi-state case challenging the dismantling of the Department of Education. At the time of the injunction, Wisconsin Attorney General Josh Kaul said, “Today’s order preliminarily blocks the Trump administration’s sweeping and lawless attempt to gut the Department of Education. While this case is far from over, this ruling is a clear victory for students in Wisconsin.” For more from the Attorney General, you can read his press release.

Recent Federal Actions

The leaders of the Universities of Wisconsin, Wisconsin Association of Independent Colleges and Universities, and Wisconsin Technical College System sent a letter to Wisconsin’s congressional delegation highlighting concerns with the Student Success and Taxpayer Saving Plan as passed by the House Education and Workforce Committee.

Read the letter from Jay Rothman, President, Universities of Wisconsin, Eric Fulcomer, President, Wisconsin Association of Independent Colleges and Universities, and Layla Merrifield President, Wisconsin Technical College System.

Congressional Updates

This week, throughout various committees in the House of Representatives, the chamber continued to advance reconciliation proposals as directed by H.Con.Res.14, the FY25 Concurrent Budget Resolution. The House Energy and Commerce, Ways and Means, and Agriculture Committee websites contain additional information on these pieces, and in the coming days, the House of Representatives is expected to vote on the full package before it will be sent to the Senate for further consideration, alteration, and additional votes. Importantly, the Universities of Wisconsin continue to engage with Members of Congress – including the Wisconsin Congressional Delegation – and through our national associations on issues of importance and concern to our universities across these proposals. Further updates continue to be shared with designated university legislative liaisons, who are engaged in similar efforts both state and federally as appropriate.

In the background of these developments, next week several House and Senate committees will hold hearings related to higher education.

  • Senate HELP Committee Hearing

On May 21, beginning at 9:00 a.m. Central Time, the Senate Committee on Health, Education, Labor, and Pension (HELP) Committee will hold a hearing titled, “The State of Higher Education.” For more details, including a link to watch live, you can review the Committee’s press release.

  •  Subcommittee on Higher Education and Workforce Development

On May 21, beginning at 9:15 a.m. Central Time, the Committee on Education and Workforce’s Subcommittee on Higher Education and Workforce Development will hold a hearing titled, “Restoring Excellence: The Case Against DEI.” For more details, including a link to watch live, you can review the Committee’s hearing page.

  •  House Appropriations Committee Hearing

On May 21, beginning at 9:00 a.m. Central time, the House Appropriations Committee will hold a budget hearing on the Department of Education. For more details, including a link to watch Secretary McMahon testify live, you can review the Committee’s hearing page.

Political Activity Guidance Reminder

As a reminder, as uncertainty continues around the emerging federal landscape, Universities of Wisconsin employees should be mindful of political activity and public advocacy guidelines.

Activities such as sharing a petition or contacting a legislator for political purposes using your university email address or state resources to engage in political campaign activities at any time or engaging in political activities during work time are prohibited.

In your capacity as private citizens, on non-work time, and without use of university resources (including the use of university email addresses) employees may circulate or sign a petition or letter of support advocating for public policy or a political candidate. However, if using your name and official title, it should be made clear that an individual’s endorsement indicates neither support nor endorsement by the university of a particular policy position or candidate, and that you are acting solely in your role as a private citizen.

For more information, you can read the Guidance on Political Activities Frequently Asked Questions document. Importantly, these FAQs should be treated as general guidelines and not legal advice.

Please direct specific questions regarding political campaign issues to the Office of General Counsel or your university’s Office of Legal Affairs.

Recent Federal Actions

UWs Litigation Update

The UWs Office of General Counsel, the Office of Legal Affairs at UW-Madison, and the Office of Legal Affairs at UW-Milwaukee have worked with state partners to pursue legal challenges to some of these terminations and the dismantling of certain federal agencies. Read more and review the lawsuits and submitted declarations on the Universities of Wisconsin Litigation Update.

Recent Federal Actions

Litigation Update

The Universities of Wisconsin have continued to review federal legislative actions, regulatory changes, and Presidential executive orders which may impact our universities, our collective missions, and the Wisconsin Idea. Since January 2025, several directives from the Trump Administration to federal agencies have resulted in the wrongful termination of approved, federally-funded projects. Together, the Office of General Counsel, the Office of Legal Affairs at UW-Madison, and the Office of Legal Affairs at UW-Milwaukee have worked with state partners to pursue legal challenges to some of these terminations and the dismantling of certain federal agencies. To read more and review the lawsuits and submitted declarations, read the Universities of Wisconsin Litigation Update.

Student Loan Borrower Support Reminder to Universities

The U.S. Department of Education issued a ‘Dear Colleague Letter’ to universities reminding them of their shared responsibility under Title IV of the Higher Education Act of 1965 (HEA) to support student loan borrowers. Read the Department of Education news release announcing the guidance.

 

Recent Federal Actions

House Committee on Education and the Workforce Markup

 Earlier this Spring, the House and Senate adopted a concurrent budget resolution, which set forth a path for the chambers to work on a budget reconciliation bill. That process began in earnest this week with various House Committees meeting to markup their contributions to the overall bill. Additional markups are expected as soon as next week.

Of particular interest, the House Committee on Education and Workforce met to mark up their legislation, the Student Success and Savings Plan, on April 29, 2025. Among several provisions, the legislation makes several changes to student loans, Pell Grant eligibility, and includes a risk sharing proposal that was previously included as part of the College Cost Reduction Act in the last session of Congress.

Should you wish to review the legislation, the section-by-section authored by the Committee Majority and a Committee Minority fact sheet may be helpful; the bill text the committee voted on can be found here.

The legislative process will continue to play out over the coming weeks with other committees advancing their legislation before they are combined prior to consideration on the House floor. We remain actively engaged with Congressional stakeholders and our national associations to share concerns and opportunities for improvement.

New! FAQs for International Students, Faculty, and Staff

We’ve added new FAQs addressing visa revocation, immigration staff actions, study abroad, student degree and enrollment, and travel. See those updated FAQs on our International Student, Faculty & Staff Resources page.

 

 

Recent Federal Actions

Executive Orders

This week, President Trump signed a series of executive orders related to education. These orders include an examination of accreditation and Section 117 reporting requirements. The Universities of Wisconsin continue to review these orders, and as there are details to share on these – or any other orders – information will be disseminated via the university’s federal updates workgroup representative.

Advocacy Updates

The Universities of Wisconsin continue to engage with Members of Congress – including the Wisconsin Congressional Delegation – and through our national associations on additional issues of importance and concern to our universities. In advance of Congress considering budget reconciliation legislation in the coming weeks, these efforts have included discussions regarding the criticality of federal financial aid and fully funding research agencies, among other topics. Further updates continue to be shared with designated university legislative liaisons, who are engaged in similar efforts both state and federally as appropriate.

Follow Legal Challenges on Litigation Tracker

You can track legal challenges to the administration’s executive orders and administrative actions on the Just Security litigation tracker.

Recent Federal Actions

New! FAQs for International Students on Visas, LRPs, and SEVISs

We’ve added new FAQs addressing visa revocation/LPR status rescission, SEVIS record termination, and federal agent request for access to location, information, or records on our International Student, Faculty & Staff Resources page.

Department of Energy Indirect Costs

As noted above, late last week, the Department of Energy (DOE) announced plans to “limit financial support of “indirect costs” of DOE research funding to 15%.”

Importantly, however, on April 16, Judge Burroughs of the District Court for Massachusetts granted a Temporary Restraining Order in the litigation that had been filed in opposition to the previously announced DOE plan.

Op Ed on Student Visas

UW-Madison Chancellor Mnookin released an Op-Ed in the Wisconsin State Journal on April 17, which you can read at the following link: Revoking Student Visas at UW-Madison is Arbitrary, Unjust

 

 

Recent Federal Actions

President Rothman letter to WI Delegation on Student Financial Aid

UW President Jay Rothman sent a letter to Wisconsin’s congressional delegation dated April 9, 2025, expressing the UWs concern over any potential impact on student financial aid as a result of the budget and reconciliation process.

New! FAQs for International Students/Faculty/Staff on Travel

We’ve added new FAQs addressing travel outside the U.S. on our International Student, Faculty & Staff Resources page. We will continue to add information to this page regarding travel, visas, and rights for our international audience.

Information Regarding Agents Visiting Campuses

Please refer to our information regarding agents visiting universities on what to do if government agents come to your university.

Additional Advocacy Updates

In addition to the letter above, and as noted in past newsletter additions, the Universities of Wisconsin continue to engage with Members of Congress – including the Wisconsin Congressional Delegation – and through our national associations on additional issues of importance and concern to our universities. For example, the following letter to the Departments of State and Homeland Security from the higher education community may also be of interest. Further updates continue to be shared with designated university legislative liaisons, who are engaged in similar efforts both state and federally as appropriate.