Executive Orders Are Not Laws: Why Trump’s Declarations Shouldn’t Deter DEIA Work
- Dr. Washington
- 3 days ago
- 8 min read
15, April 2025 Dr. Sharon G.E. Washington
Since his first day in office, former President Donald Trump issued a flurry of executive orders (EOs) that directly targeted diversity, equity, inclusion, and accessibility (DEIA) initiatives. The rhetoric is alarmist, labeling DEIA as “illegal,” and pressuring organizations, particularly within healthcare and education, to dismantle equity-oriented programs. But let’s be clear: executive orders are not laws.
While executive orders can guide federal agency operations, they do not hold the same weight as legislation passed by Congress. They can be challenged, blocked, and reversed. Yet, the strategy behind Trump’s EOs is not just governance—it’s intimidation. These directives are being used as a political weapon to scare institutions and individuals away from engaging in necessary equity work.
Table of Contents
Executive Orders: What They Are and What They Aren’t
An executive order is a directive from the President that manages operations of the federal government. It is not legislation. Only Congress has the constitutional power to create new laws. EOs cannot create new legal penalties or criminalize behavior outside the scope of existing law.
EOs often sound like law to the public, especially when amplified by media or repeated by political allies. But they remain bounded by the Constitution and existing statutes. Courts can, and often do, strike them down. For example, Trump’s notorious Executive Order 13950 in 2020, which sought to ban diversity trainings that mention systemic racism or white privilege, was blocked by federal courts before President Biden later rescinded it.
How the Courts and Public Can Push Back
The judicial system plays a crucial role in ensuring EOs do not violate constitutional rights. Civil rights groups, law firms, advocacy organizations, and even individuals can challenge executive orders in court. As the National Immigration Law Center (NILC) notes, many of Trump’s 2016-era executive orders were found to be unconstitutional or unenforceable upon legal challenge.
In addition, public pressure matters. Citizens can organize, call representatives, and demand legal accountability for overreach. Media campaigns and public education efforts can reshape the narrative. The courts do not operate in a vacuum; public advocacy often catalyzes legal action.
Why Law Firms Are Under Attack
Law firms that represent institutions or file cases defending civil rights are increasingly becoming targets of political retaliation. Trump has publicly attacked firms for challenging his executive actions, branding them as politically biased. According to CNN, these attacks have already contributed to a chilling effect, discouraging firms from taking on DEIA-related
litigation.
This is deliberate. By intimidating law firms, Trump seeks to weaken one of the key infrastructures capable of blocking or dismantling his EOs. Without legal defenders, the most vulnerable communities—immigrants, BIPOC, LGBTQ+, disabled individuals—lose critical protections. But now more than ever, it is essential for legal advocates to stand firm.
DEIA Is Not Illegal — Language Access and Equity Remain the Law
Despite recent EOs, federal civil rights protections are still intact. Title VI of the Civil Rights Act prohibits discrimination based on race, color, or national origin in programs receiving federal funds. This includes requirements around language access. As National Health Law Program emphasizes, regardless of Trump’s executive orders, healthcare providers must still offer interpretation and translation services.
Trump’s EOs may create confusion, but they do not invalidate federal law. Agencies that fail to comply with Title VI can still face lawsuits and lose federal funding. The risk is not in DEIA itself—the risk lies in misinterpreting or surrendering to political posturing.
The Health Impacts of Weaponizing Executive Orders
The implications of these executive orders extend beyond politics. They directly threaten population health and exacerbate health inequities. A hostile political climate that discourages DEIA disrupts culturally responsive care, erodes trust in healthcare systems, and worsens outcomes for already marginalized populations.
As highlighted by the Network for Public Health Law, EOs targeting equity work often result in confusion, withdrawal of services, and reduced funding for essential programs. Healthcare institutions may preemptively scale back community outreach, equity trainings, or interpreter services for fear of noncompliance, despite no legal requirement to do so.
Public health experts on LinkedIn have gone so far as to call this a public health crisis, arguing that the chilling effect on racial equity initiatives contributes to stress, avoidance of medical care, and poor outcomes among BIPOC patients.
Targeting DEIA in Health Policy
One of the most direct attacks on health equity came with the elimination of federal DEIA initiatives in health policy. According to a Kaiser Family Foundation (KFF) issue brief, Trump-era policies removed requirements for federal health agencies to incorporate equity benchmarks. This undermines efforts to track and reduce disparities in health outcomes by race, ethnicity, gender identity, and language.
The EO reversals have particular impact in Medicaid, Medicare, and public health grant programs. For instance, agencies are no longer required to assess how their programs affect underserved populations. Without this accountability, it becomes harder to close gaps in maternal mortality, chronic disease management, and preventive care.
Moreover, the rollback of equity assessments affects research funding, data collection, and workforce diversity pipelines. This creates a long-term vacuum in culturally competent care. The ripple effects are enormous: fewer diverse doctors, less responsive mental health services, and policies that ignore the lived realities of marginalized communities.
Why We Must Resist the Fear
We must not allow fear to dictate our response. Executive orders like these thrive on confusion and compliance. But compliance is not mandatory when the order is unjust, unconstitutional, or unsupported by law.
The DEIA work happening in hospitals, universities, and nonprofits is both legal and essential. Institutions must clarify the difference between law and executive overreach. They must reaffirm their commitments to equity and continue offering services that meet the needs of diverse populations.
And citizens must stay vigilant. Know your rights. Know the law. Support the legal advocates fighting back. Most importantly, don’t let executive orders written to stoke fear rob you of your commitment to justice.
Conclusion
Trump’s executive orders are not laws. They are political documents, designed to shift priorities within federal agencies—not eliminate civil rights. The Constitution still stands. Congress still holds the power to legislate. Courts still retain the ability to block executive overreach. And we, the people, have the power to resist.
Legal Protections for DEIA Work in Healthcare
Key Federal Protections and Their Role in DEIA Initiatives
Legal Protection | Coverage | Key Focus Areas |
Title VI of the Civil Rights Act | Prohibits discrimination on the basis of race, color, or national origin | Ensures equal access to services for diverse racial and ethnic groups, crucial for DEIA in healthcare. |
Americans with Disabilities Act (ADA) | Protects individuals from discrimination based on disability | Guarantees accessibility in healthcare services, preventing exclusion of people with disabilities from essential care. |
Affordable Care Act (ACA) | Prohibits discrimination in healthcare services | Ensures nondiscrimination on the basis of race, gender identity, or disability in the provision of healthcare services. |
Executive Order 13166 (Language Access) | Mandates that federal agencies ensure services are available in other languages | Requires healthcare institutions to provide interpretation and translation services, ensuring language diversity is addressed in DEIA work. |
Overview of Each Law's Impact on DEIA Initiatives
Title VI of the Civil Rights Act
Impact on DEIA: This law directly ensures that race, color, or national origin cannot be used as a basis for denying access to healthcare services, safeguarding DEIA work. Healthcare providers receiving federal funds are required to meet this non-discrimination standard.
Example: Ensures BIPOC individuals have equal access to necessary medical care.
Americans with Disabilities Act (ADA)
Impact on DEIA: Prevents discrimination based on disabilities and mandates accessibility in medical facilities, aligning with DEIA efforts to serve diverse populations, including those with physical or cognitive disabilities.
Example: Healthcare facilities must be accessible to individuals with mobility issues or sensory disabilities.
Affordable Care Act (ACA)
Impact on DEIA: This extends nondiscrimination protections to include gender identity, race, and disability status, reinforcing DEIA principles in healthcare. It ensures that all individuals, regardless of their background or identity, have access to essential care.
Example: Ensures LGBTQ+ patients are protected from discrimination in hospitals and clinics.
Executive Order 13166 (Language Access)
Impact on DEIA: This order compels healthcare institutions to offer language assistance to individuals with limited English proficiency, ensuring that linguistic diversity does not become a barrier to healthcare access.
Example: Healthcare providers must offer free translation services to non-English speaking patients.
Key Takeaways
Executive Orders Cannot Override Federal Law: Trump's executive orders (EOs) targeting DEIA are political tools, not legal mandates. They cannot override the civil rights protections provided by law.
Healthcare and Civil Rights Protections Remain Unchanged: Institutions must continue to comply with Title VI, ADA, ACA, and Executive Order 13166, regardless of the shifting political climate.
DEIA Work is Crucial for Equity: These laws underscore that DEIA efforts in healthcare are not only legally required but are essential for ensuring fair access to medical care for all, especially marginalized communities.
Actionable Insights
For Healthcare Institutions: Ensure compliance with these laws by conducting regular audits to verify accessibility, inclusivity, and non-discriminatory practices in your healthcare services.
For Advocates and Legal Professionals: Continue challenging executive overreach that undermines DEIA initiatives. Provide support to institutions at risk of compliance confusion due to political pressure.
Resources for Advocacy and Clarity:
DEIA is not illegal. Language access is still protected. Anti-discrimination statutes remain enforceable. Let’s not be swayed by the bluster. Instead, let’s double down on equity, justice, and care for our communities’ health and humanity.
Trump's executive orders may have aimed to diminish the progress we've made in diversity, equity, inclusion, and accessibility (DEIA) initiatives, but they do not define the law. DEIA work is not only legal but essential for the health, well-being, and advancement of our communities, especially in healthcare.
The battle for equity is ongoing, and it’s critical that institutions and individuals continue to stand firm. We must push back against fear and confusion and reaffirm our commitment to diversity and inclusion—both in healthcare and beyond.
Take action today: If you are a healthcare provider, educator, or advocate, now is the time to ensure your institution remains committed to DEIA principles. Explore how to protect language access, uphold civil rights, and promote inclusive practices within your organization.
Learn more: Dive deeper into how you can make a lasting impact in your field by reading our full blog series on DEIA in healthcare and access our resources for advocacy here.
Get Involved: Join us in creating a culture of justice, inclusion, and equity for all. Sign up for updates, stay informed on upcoming webinars and events, or reach out for consultation on how to strengthen your organization’s DEIA efforts.
Let’s stand together, break through political rhetoric, and continue to build a more inclusive future for everyone.
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