The News: The Wisconsin Institute for Law & Liberty (WILL), representing a Wisconsin dairy farmer, issued a warning to the United States Department of Agriculture (USDA) over several race-based programs that continue to hurt farmers every day. These programs, which violate both the U.S. Constitution and President Trump’s executive orders signed earlier this year, resemble those that were successfully challenged in court by WILL and other organizations under the Biden Administration. If not corrected within sixty days, a federal lawsuit will be filed on Mr. Faust’s behalf against the Trump Administration.

The Quotes: WILL Deputy Counsel, Dan Lennington, stated, “The Trump Administration has taken some commendable steps to root out race discrimination in many agencies, but we have a long way to go. Millions of farmers face economic uncertainty, from unpredictable weather to rising input costs, all of which are far beyond their control, only then to be punished economically because of their race. It’s immoral, unconstitutional, and it’s time for it to stop once and for all. The clock is ticking, and we won’t hesitate to take the Trump Administration to court to protect farmers from race discrimination.”

WILL Client, Adam Faust, stated, “USDA offers important resources for dairy farmers, including margin coverage, loan guarantees, and grants. But it is outrageous that some farmers get a better deal based on race. I am hopeful the Trump Administration will change course and fix these discriminatory programs.”

Our Client: Adam Faust, a dairy farmer from Chilton, Wisconsin. Like over 2 million American farmers (representing over 60% of all farmers), Mr. Faust is a white male. In 2021, Mr. Faust successfully sued the Biden Administration for race discrimination in the Farmer Loan Forgiveness Program. In that case, Faust v. Vilsack, the U.S. District Court for the Eastern District of Wisconsin held that granting loan forgiveness only to “socially disadvantaged farmers” constituted unconstitutional race discrimination. After the court entered a nationwide temporary restraining order, and several other courts followed suit, the Biden Administration suspended the program and Congress repealed it.

Additional Background: The Trump Administration has taken many commendable steps to root out race discrimination in many agencies, race-based policies and programs persist. USDA is the worst offender, running over two dozen race-based programs that unconstitutionally discriminate against farmers and ranchers every day. Three that affect our client the most can be found below:

Discriminatory Dairy Margin Coverage Administrative Fee: DMC offers financial assistance when the margin between the milk price and the average feed cost falls below a coverage level chosen by the producer. All “socially disadvantaged farmers” are exempt from the fee. USDA regulations define this phrase to include only the following racial groups: American Indians or Alaskan Natives, Asians or Asian Americans, Blacks or African Americans, Native Hawaiians or other Pacific Islanders, Hispanics, and women.

Discriminatory Loan Guarantee Program: USDA guarantees loans to farmers, but white males may only receive a guarantee of 90% of the value of the loan, while women and minorities receive a 95% guarantee. A lower guarantee means higher interest rates and loan costs, and lower overall loan amounts.

The Environmental Quality Incentives Program: According to the USDA, EQIP is a “conservation program that helps farmers, ranchers and forest landowners integrate conservation into working lands.” Our client is participating in the program, but “socially disadvantaged farmers” may receive more money for participating in the exact same way.

Fighting for Equality: Since 2021, WILL has represented over 80 clients in 25 states as part of its Equality Under the Law (“EUL”) Project and has won seven times in court, including Faust v. Vilsack, and many of our cases are still pending.

Earlier this year, WILL released our “Roadmap to Equality,” which continues to track the Trump Administration’s progress on the elimination of DEI and all tax-payer-funded discrimination.

Letter, April 2025