May 27, 2025 - Politics & Policy

Native American programs protected from Trump's anti-DEI order, agencies say

Russell Contreras

Ramon Bear Runner, left, and Lester Lone HIll, both Oglala Lakota, put on their regalia near their cars before heading inside to take part in the 49th annual Denver March Powwow at the Denver Coliseum in Denver, Colorado on March 23, 2025. — Ramon Bear Runner and Lester Lone HIll, both Oglala Lakota, put on their regalia before taking part in the 49th annual Denver March Powwow in Denver, Colorado, in March. Photo: Helen H. Richardson/MediaNews Group/The Denver Post via Getty Images

Some Native American programs are exempt from President Trump's executive order targeting diversity, equity, and inclusion (DEI) initiatives, according to at least three federal agencies.

Why it matters: The U.S. federal government has several treaties with more than 500 tribal nations, and many involve promises based on race, culture, and equity with Native Americans and Alaska Natives.

Driving the news: The U.S. Small Business Administration said Tuesday that the order targeting DEI does not affect its services provided to Indigenous communities, per Tribal Business News.

SBA General Counsel Wendell Davis issued a note earlier this month saying that the executive order does not apply to the agency's programs serving Native Americans.
"It would be unreasonable to read it as applying to (Native Americans and Alaska Natives) given that Tribes are separate sovereigns," Davis wrote.

Context: The note was a clarification to SBA Chief of Staff Wesley Coopersmith, following a request from the Native American Contractors Association, Tribal Business News reports.

Zoom in: That note follows a similar notice issued by the Department of Health and Human Services shortly after Trump signed his anti-DEI order in January.

HHS said the order does not apply to Indian Health Service programs.
The agency then said in February that the executive order didn't affect its other federal programs serving Indigenous populations.

The Department of the Interior also said the executive orders do not affect its legal obligations to tribes.

State of play: Trump's sweeping executive order, issued as soon as he took office, revoked decades of federal diversity and affirmative action practices.

The order called for the "termination of all discriminatory programs, including illegal DEI and 'diversity, equity, inclusion, and accessibility' (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government."

Yes, but: Various treaties and agreements call for the federal government to provide health care and other services to Indigenous communities.

The SBA, for example, oversees numerous programs designed to support Native American entrepreneurs and businesses.

The Trump administration has still eliminated other programs for Native Americans.

Last month, it rescinded federal funding for Native American boarding school research, education, and preservation from the National Endowment for the Humanities.
The Department of Defense removed — then restored — materials related to the Navajo Code Talkers on its website after their removal drew criticism.

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Native American programs protected from Trump's anti-DEI order, agencies say

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