The Biden administration injected race-based discrimination into every corner of the federal government.
The DOJ just finished auditing 36 USDA farmer payment programs — and the findings involve billions of your tax dollars.
What the DOJ just found inside those 36 programs is what Biden spent four years hoping nobody would prove.
DOJ Rules Biden USDA Ran Unconstitutional Race Discrimination Across 36 Programs
The Department of Justice Office of Legal Counsel issued a formal opinion this week declaring that Department of Agriculture programs favoring "socially disadvantaged" farmers violated the Constitution's equal-protection guarantee on the basis of race and sex.
Of the 36 programs reviewed, the DOJ declared the majority unlawful.
Conservation-planning programs that waived user fees for certain racial groups and women failed to clear the constitutional bar.
Acting Attorney General Todd Blanche issued a press release that left no room for interpretation.
"Racial discrimination is illegal, and the government cannot show preference to certain groups when awarding special benefits without a compelling reason to justify the classification," Blanche said.
He added, "This Department of Justice is committed to ending illegal DEI initiatives across the federal government that violate our Constitution and laws."
Biden’s USDA funneled billions of dollars through these programs in fiscal 2025 alone.
The agency's own definition of "socially disadvantaged" covered African Americans, Hispanics, Asians, and women — while white male farmers were explicitly cut out.
The federal government was stamping a dollar value on skin color with taxpayer money.
Adam Faust – the white Wisconsin dairy farmer who first took the USDA to court in 2021 – knew exactly what was happening.
A federal judge agreed, ruling that handing loan forgiveness exclusively to "socially disadvantaged farmers" was unconstitutional race discrimination.
The Biden administration suspended the program and Congress repealed it.
Then Biden's USDA kept running the same discrimination under different program names.
Faust sued again in 2025.
The DOJ opinion this week is the federal government finally conceding he was right.
Todd Blanche Ends Biden Era DEI Farming Programs
USDA Secretary Brooke Rollins wasted no time responding to the ruling.
"All persons served by this Department will, without question, be treated equally," Rollins said.
She added, "Today's opinion affirms discrimination based on race and sex is unconstitutional and no program at the U.S. Department of Agriculture, including those in the Farm Production and Conservation mission area, will act otherwise."
Five programs the USDA can run on a race-neutral basis will survive.
The agency may still provide technical assistance and financial support to all farmers through constitutionally permissible means.
This ruling is the third strike in a deliberate sequence the Trump DOJ has been running since day one.
In December 2025, the OLC ruled the Education Department's race-based college grant programs unconstitutional.
The Solicitor General sent a letter to Congress in February 2026 flagging USDA's race-based preferences as legally indefensible.
The executive branch has now formally cleared race-based preferences out of both education and agriculture.
Biden USDA Kept Running Race Based Farmer Loan Discrimination After Courts Said Stop
Democrats will claim this was payback for past injustices.
The 1990 Farm Bill created the "socially disadvantaged" designation as a permanent preference structure – meaning non-white farmers received loan set-asides, fee waivers, and conservation grants that identical white farmers were denied purely because of race.
By the time a federal judge stopped the 2021 program, the USDA had been running variations of this system for three decades.
When Biden's team got caught, they rewrote the program name and kept sending the money.
The Trump DOJ has spent 18 months working through agency after agency, applying the standard the Supreme Court set in Students for Fair Admissions v. Harvard in 2023, and finding the same unconstitutional racial spoils system every time.
It took the federal government five more years and billions more dollars to agree with a dairy farmer from Wisconsin.
Sources:
- "Justice Department Concludes USDA Preferences for 'Socially Disadvantaged' Groups Violate the Constitution," U.S. Department of Justice, June 24, 2026.
- Bryan Hyde, "DOJ Finds USDA Preferences for 'Socially Disadvantaged' Farmers Discriminatory," American Greatness, June 24, 2026.
- "Wisconsin Dairy Farmer Sues USDA Claiming Discrimination Against White Farmers," PBS Wisconsin, June 16, 2025.

