New Jersey Attorney General Jennifer Davenport Opposes Proposed Federal Barriers to Funding Requests
By Adam Rizvi | Editor-in-Chief, The India Observer (TIO)
TRENTON, NJ — Jennifer Davenport has joined a coalition of 23 state attorneys general in formally opposing a proposal from the U.S. General Services Administration (GSA) that would require recipients of federal funding to certify compliance with broadly defined restrictions targeting diversity, equity, and inclusion initiatives.
Key Facts
- New Jersey AG Jennifer Davenport joined 23 state attorneys general opposing a GSA proposal on federal funding certification.
- The proposal would require funding applicants to certify they are not engaging in what federal officials describe as “illegal DEI.”
- Critics say the term is vague and undefined, creating confusion for agencies, schools and nonprofits.
- The coalition asks the GSA to withdraw the proposal, citing the Paperwork Reduction Act, the Administrative Procedure Act and constitutional limits under the Spending Clause.
In a joint comment letter submitted to federal officials, the coalition argues that the proposal would impose unprecedented and unnecessary burdens on applicants seeking federal assistance and could undermine lawful activities carried out by states, nonprofits, and educational institutions.
According to the attorneys general, the proposed requirement would force funding applicants to certify that they are not engaging in what federal officials describe as “illegal DEI.” Critics say the language is vague and undefined, potentially creating confusion for agencies, schools, and charitable organizations that depend on federal support.
“This is an insidious attempt to weaponize the federal government’s funding process,” Davenport said in a statement. “It affects every state department and agency as well as nonprofits, charities, or schools that receive federal funds. Instead of making life more affordable for New Jerseyans, the Trump Administration is obsessed with finding new ways to hold federal funds hostage to ideological battles.”
The proposal stems from a January 27, 2026 notice issued by the GSA seeking to amend federal financial assistance certification requirements tied to registration on SAM.gov, the federal government’s mandatory system for entities applying for grants or funding opportunities.
Under the proposal, applicants registering in the federal funding system would be required to certify that they are not participating in programs labeled as “illegal DEI,” referencing an executive order issued by Donald Trump titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
The attorneys general warn that the proposed rule could create widespread uncertainty among federal funding recipients, including state agencies, universities, and nonprofit organizations. They also note that violations could expose recipients to potential civil or criminal penalties.
In their letter, the coalition calls on the GSA to withdraw the proposal entirely, arguing that it may violate several federal laws, including the Paperwork Reduction Act, the Administrative Procedure Act, and constitutional limits under the Spending Clause.
The attorneys general also caution that the measure could chill constitutionally protected speech and lawful activities related to diversity and inclusion programs.
Joining New Jersey in the letter were attorneys general from California, New York, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.
The coalition emphasized that federal funding programs support critical public services across the country, including education, food security, housing assistance, healthcare, and infrastructure initiatives.
Editorial Note from Adam Rizvi
As debates around diversity, equity, and inclusion continue across the United States, disputes over federal funding rules increasingly highlight deeper tensions between federal policy directives and the autonomy of states, universities, and nonprofit organizations. These policy debates are likely to shape how public funding programs operate in the years ahead.
Frequently Asked Questions
Q: What is the proposal?
A: A GSA plan to require federal funding applicants to certify compliance with restrictions targeting diversity, equity and inclusion initiatives, tied to SAM.gov registration.
Q: Who opposes it?
A: 23 state attorneys general, led in New Jersey by AG Jennifer Davenport, in a joint comment letter to federal officials.
Q: Why do they oppose it?
A: They say it imposes unprecedented burdens, uses vague language, could chill lawful activity and constitutionally protected speech, and may violate federal law.
Q: What happens next?
A: The coalition has asked the GSA to withdraw the proposal entirely.
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