WASHINGTON (AP) — The Trump administration said Friday it will not defend a decades-old grant program for colleges with large numbers of Hispanic students that is being challenged in court, declaring the government believes the funding is unconstitutional.

In a memo sent to Congress, the Justice Department said it agrees with a lawsuit attempting to strike down grants that are reserved for colleges and universities where at least a quarter of undergraduates are Hispanic. Congress created the program in 1998 after finding Latino students were going to college and graduating at far lower rates than white students.

Justice Department officials argued the program provides an unconstitutional advantage based on race or ethnicity.

The Associated Press