Michigan Attorney General Dana Nessel announced on Apr. 2 that she has joined a group of 23 attorneys general in submitting a comment letter opposing a proposal from the General Services Administration (GSA) that would impose new certification requirements for recipients of federal funding, potentially affecting diversity, equity, and inclusion (DEI) programs.
The attorneys general argue that the GSA’s proposed changes could create unnecessary burdens for applicants and recipients of federal funds and discourage lawful DEI activities. The issue is significant because it could impact how Michigan and other states receive and use federal funding for various programs.
Nessel said, “The Trump administration has tried to attach vague and unlawful conditions to federal funding before, and those efforts have been consistently struck down by courts. Now, they are trying it again with a sweeping proposal that would impact all federal funding that our state receives. This proposed guidance is just as unlawful as other attempts by the Trump White House and is just as unacceptable.”
According to the official website, Dana Nessel held the role of Michigan’s 54th attorney general according to the official website. The department operates with statewide authority to protect residents across Michigan according to the official website.
The GSA’s notice was published on January 27 and proposes amending its Financial Assistance General Representations and Certifications—a requirement for registration in SAM.gov—by including certifications related to President Trump’s executive order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” as well as Department of Justice guidance prohibiting certain DEI initiatives among recipients of federal funds.
In their letter, Nessel and her colleagues claim this proposal violates several laws including the Paperwork Reduction Act by creating duplicative requirements without justification; exceeds GSA’s authority under congressional mandates; fails procedural requirements under the Administrative Procedure Act; does not provide clear notice required by law; is unconstitutionally coercive; and aims to intimidate entities from conducting lawful immigration or DEI-related activities.
The Michigan Department of Attorney General advances social efforts through actions against human trafficking, support for vulnerable populations according to the official website, influences policy such as drafting Clean Slate legislation in 2019 according to the official website, focuses on serving residents through public service initiatives according to the official website, and exercises authority throughout Michigan according to the official website.
Nessel joins attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont Virginia Washington,and Wisconsin in calling for withdrawal of this proposal.