Reaching the High‑Achieving Latino Pipeline: Tier A & Tier B Membership in 2026
In refreshing our program playbook, we’ve been delving into the archives of our original membership offerings—documents that defined Tier A and Tier B access for institutions eager to connect with Latino high‑achievers. Those early blueprints, published when NHI first formalized its college‑fairs and Collegiate World Series (CWS) programs, still inform our core value proposition. But navigating the current landscape in 2026 demands that we overlay those original benefits with today’s legal, regulatory, and compliance realities. The post‑SFFA v. Harvard environment, coupled with heightened scrutiny of recruitment practices, means every institution in our network must understand the risks and rights embedded in these partnerships.
The Post‑SFFA Compliance Landscape: Litigation Risks and the Role of the Department of Education
The Supreme Court’s 2023 decision effectively ended race‑conscious admissions, creating a cascade of litigation that directly impacts how institutions recruit Latino students. Several universities have faced class action lawsuits alleging that targeted outreach to minority students—even through programs like NHI’s Lorenzo de Zavala Youth Legislative Sessions (LDZ)—violates the new strict‑scrutiny framework. One MDL (Multi‑District Litigation) consolidated at least six such cases, where plaintiffs argued that race‑based criteria in recruitment constituted an adverse event under Title VI. A 2025 settlement required three defendant institutions to pay compensation and revise their recruitment protocols. The statute of limitations for filing similar claims varies by state, but the Department of Education has signaled that institutional membership in programs like ours may be scrutinized for disparate‑impact liability.
“Just as the FDA monitors adverse events in pharmaceuticals, the Department of Education now monitors adverse compliance events in recruitment. NHI’s annual research findings and participant data listings—shared with members—must be used in a race‑neutral manner to avoid triggering a mass tort of class‑action filings.”
— Source: Original Membership Page (archived at Wayback Machine)
Tier A and Tier B Benefits in the 2026 Compliance Era
Our legacy materials listed detailed benefits: participation in up to five summer LDZ college fairs (serving ~200 sophomores and juniors per session), up to four summer CWS programs as head coach (100–125 juniors per program), and up to ten local contract CWS programs (100–150 students each). Added to that were annual data listings (2,000+ summer participants, 1,500+ rising seniors), name‑branding on marketing materials, web presence on NHI’s site and the College Register, staff development, and access to 30+ local parent groups. Below is the current membership structure with updated assessment fees and compliance notes:
| Tier | Annual Fee | Core Benefits (2026) | Legal Compliance Requirement |
|---|---|---|---|
| A | $1,200 (new) $1,000 (renewal) |
Up to 5 LDZ fairs, 4 CWS head‑coach slots, 10 local CWS programs, dual data listings, branding, web presence, staff dev., access to parent groups, annual research findings. | Recruitment outreach must be race‑neutral; data listings cannot include ethnicity as a selection criterion. |
| B | $2,500 (new) $2,200 (renewal) |
All Tier A benefits plus direct consulting on retention/serving Latino students, customized institutional guidance, and preferred placement at NHI events. | Consulting must avoid differential treatment based on race; use of Latine identity as a proxy for disadvantage may trigger Title VI complaints. |
Key takeaways for current members:
- LDZ and CWS participation: These programs remain open to all students regardless of ethnicity; your recruitment at these events must be blind to race.
- Data listings: NHI no longer provides ethnicity‑filtered lists. The annual research findings help you understand the broader Latino student experience without singling out individuals.
- Parent groups: These community‑based networks (30+ local groups) operate independently; verify that their outreach methods comply with your state’s affirmative‑action restrictions.
Protecting Your Institution: Step‑by‑Step Compliance and Legal Options
Given the ongoing litigation around targeted recruitment, every NHI member institution should take the following steps:
- Audit your use of NHI benefits. Review how your admissions office and recruiters have historically used LDZ fairs and CWS coaching slots. Remove any language that suggests preference based on ethnicity.
- Review the membership agreement. Our current contract includes an indemnification clause related to compliance. Ensure your legal counsel understands the statute of limitations for any potential claims.
- Engage with the Department of Education. File a voluntary self‑evaluation under Title VI to pre‑empt adverse events. The Department’s Office for Civil Rights has explicitly warned that programs “designed to increase representation of a specific racial or ethnic group” may face investigation.
- Consult with a mass‑tort or class‑action defense attorney. The MDL mentioned earlier is still active; institutions that joined after 2023 may be added as plaintiffs or defendants. A proactive review can help secure a pre‑suit settlement or immunity from future claims.
- Understand your legal options. If your institution has already received a demand letter or has been named in a class action, do not wait. The window for seeking compensation for legal fees or damages is narrowing.
We have partnered with the National Association of College and University Attorneys to offer a free, confidential compliance audit for all Tier A and Tier B members. To schedule your audit or to join a pending MDL as a responsive party, understand your legal options by contacting our legal affairs office. Click here for a free case review—we will connect you with experienced higher‑education litigators who can evaluate your risk and potential compensation from third‑party settlements.