Justice Department to Open Civil Rights Investigation into Harvard Admissions, Internal Memo Shows

The Pending Investigation

The Department of Justice is preparing to open a formal civil rights investigation into Harvard University's undergraduate admissions practices after an internal review concluded that internal documents showed evidence of disparate treatment by race and ethnicity, according to three officials familiar with the matter. The investigation, expected to be announced publicly on January 21, would be the first major affirmative action-related probe opened by the department since the Supreme Court ended race-conscious admissions in 2023.

A senior Justice Department official, speaking on condition of anonymity because the matter is not yet public, said the department's Civil Rights Division sent a draft letter to Harvard general counsel on January 16 requesting records related to admissions decisions from the 2024 and 2025 application cycles. The letter gives Harvard until February 6 to produce internal admissions manuals, training materials for readers, and communications between the admissions office and the university president's office.

Two university officials with knowledge of the request said Harvard's legal team received the draft letter Friday afternoon and has scheduled a board of overseers call for January 20. One official said the university is likely to comply with the document request while contesting the legal basis for a full investigation.

How the Review Began

The investigation stems from a months-long internal review ordered by Attorney General Pam Bondi shortly after she took office in January 2025, according to a Justice Department official with knowledge of the filing. The review examined complaints filed by a coalition of Asian American student organizations and a separate lawsuit brought by a group of rejected applicants represented by the America First Legal Foundation.

The draft letter cites internal Harvard admissions data showing that applicants in certain racial categories received statistically different ratings on the university's personal and extracurricular scores even after controlling for test scores, essays, and extracurricular achievements, according to a plaintiff's attorney who reviewed a portion of the draft. The attorney, speaking on condition of anonymity because of pending litigation, said the data covers roughly 95,000 applications submitted between September 2023 and January 2025.

The review also examined Harvard's use of a tip sheet provided to alumni interviewers, according to two congressional aides briefed on the matter. The aides said investigators found language in the document that instructed interviewers to consider an applicant's background and life experience in ways that could be read as a proxy for race. The tip sheet was revised in August 2025, but investigators are seeking earlier versions and the rationale for the changes.

A student involved in the case said the coalition first submitted its complaint to the Education Department's Office for Civil Rights in April 2025 but received no response. The student, who asked not to be named because of fear of retaliation, said the group resubmitted materials to the Justice Department in October 2025 after being told the case had been transferred.

Legal Mechanism and Possible Outcomes

The Justice Department is acting under Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race in programs receiving federal funding. The department has authority to investigate, negotiate a settlement, or file a lawsuit against the university. It can also threaten to withhold federal research grants, which totaled more than $625 million for Harvard in fiscal year 2024.

A senior official, speaking on condition of anonymity, said investigators have not yet decided whether to seek a consent decree or pursue litigation. The official said the initial phase will focus on document collection and depositions of admissions officers, with a preliminary findings letter possible by late March.

Education Secretary Linda McMahon is expected to issue a separate guidance letter on January 22 reminding colleges that race cannot be used as a factor in admissions, scholarships, or targeted outreach programs, according to a department official familiar with the plan. The official said the letter will not name Harvard specifically but will cite the pending investigation as evidence that the administration intends to enforce the 2023 Supreme Court decision aggressively.

Campus Reaction and What to Watch

News of the impending investigation has already sparked debate on Harvard's campus. Two university officials said administrators held an emergency meeting with deans on January 17 to discuss messaging. The officials said the university president, Alan Garber, is expected to send a letter to alumni and students on January 19 stating that Harvard remains committed to a diverse student body and will cooperate with the review.

Civil rights groups are preparing to intervene. A representative of one national organization that has been in contact with Harvard students said several groups plan to file a motion to participate in any federal proceedings if the case moves to court. The representative said the groups will argue that the administration is misapplying the 2023 ruling to target universities that consider socioeconomic status or personal hardship.

The next 48 hours will determine the tone of the confrontation. Watch for the formal announcement expected on January 21, Harvard's response to the document request, and any statement from the White House linking the investigation to broader executive orders on education and civil rights. Congressional Republicans have scheduled a House Judiciary subcommittee hearing for January 28 titled "Admissions Discrimination in American Higher Education," according to a committee aide, signaling that lawmakers intend to keep public pressure on the university.