Digital inclusion nonprofit sues Trump administration over Digital Equity Act cancellation

The National Digital Inclusion Alliance on Wednesday announced a lawsuit against the Trump administration over its cancellation last May of funds that state and local agencies, schools, nonprofits and tribal governments were set to receive through the Digital Equity Act.

The NDIA, an Ohio nonprofit, says in its complaint that the administration’s cancellation of one of the Digital Equity Act’s three grant programs — the Digital Equity Act Competitive Grant Program — was unlawful. The Digital Equity Act was part of President Joe Biden Internet for All initiative, part of the $1.2 trillion Infrastructure Investment and Jobs Act of 2021.

Through the Digital Equity Act Competitive Grant Program, organizations could apply for funding for programs that brought devices, internet service and skills training to underserved populations. The suit claims that the program’s cancellation was based on the president’s “wholescale misunderstanding of the Act,” and is a violation of the constitutional authority of the executive branch.

Through the program, NDIA was one of many organizations approved to receive funding — it was awarded $25.7 million in January. The total program, which received $1.25 billion, would have provided services to an estimated 30,000 people in 11 states.

According to the suit, the funds would have covered the provision of low- or no-cost devices for those in need, and paid for a cohort of “digital navigators” to assist people in accessing low-cost broadband service, identifying local online resources and using digital tools to fulfill basic needs.

In May, President Donald Trump posted a message on Truth Social announcing he would end the Digital Equity Act, which he described as a “giveaway” based on race. He described the program as “RACIST” and “ILLEGAL.” Though it should have taken an act of Congress to overturn the act, the suit notes that the day following Trump’s post, the NDIA said it was informed that the program had been terminated.

The lawsuit alleges that, as part of the executive branch, the president does not have the authority under the Constitution to “simply ignore validly enacted laws and cease all programs and enforcement thereunder.”

“Those on the ‘have not’ side of the digital divide cannot use modern telemedicine services, educational resources, or even apply for the 90% of jobs found only online,” the suit reads. “These Americans are cut off from avenues for personal expression, economic advancement, and social interaction. Further, as more critical resources are exclusively offered online — including local news, election guidance, public services, and even public safety alerts — these Americans are at risk of being literally and figuratively left behind.”

In response to Trump’s assertion about the Digital Equity Act being racist, the lawsuit notes that Congress expressly prohibited discrimination under the law, and that equity is not defined through the lens of race. The suit notes that the act is “not racist, illegal, or unconstitutional.”

“‘Equity’ as intended by the Digital Equity Act was not intended to, nor does it favor a race or a gender; its goal is to provide critical broadband internet access to Americans — all of them,” the suit continues. “Similarly, the ‘digital divide’ Congress sought to address in the Act is not an issue of race or gender; it references the fact that millions of Americans — of all races and genders — do not have access to the internet and other digital services.”

Angela Siefer, NDIA’s executive director, said the lawsuit was an “extraordinary step,” taken to protect those the law would have helped.

“Thousands more across the country stood to benefit from Digital Equity Act grants through other trusted community organizations,” Siefer said in a press release. “Let’s be very clear, the Digital Equity Act is not unconstitutional nor racist, it passed with overwhelming bipartisan support to ensure the United States can compete in today’s modern economy.”

Along with outcry from more than 140 state and local organizations who asked Commerce Sec. Howard Lutnick and Adam Cassady, then-acting administrator of the National Telecommunications and Information Administration, to reinstate the program in June, state broadband leaders also have expressed their worries about the side effects of the act’s cancellation. Revati Prasad, executive director of the Benton Institute for Broadband and Society, said that the NDIA’s lawsuit is necessary to try to restore the funds.

“We all benefit when we are all connected—when workers connect with employers, patients connect with doctors, students connect with teachers, and small businesses connect with customers,” Prasad wrote in an email. “That’s what Congress designed the Digital Equity Competitive Grant Program to deliver—connectivity and opportunity for all. NDIA’s action today is an unfortunately necessary step to restoring Congress’s intention. The Benton Institute for Broadband & Society stands with NDIA and all our internet-for-all allies in efforts to get and keep everyone online.”