Asheville – The Buncombe County Commissioners entered a closed session following their last meeting. County Attorney Curt Euler stated that the purpose was to discuss Executive Orders 14151, 14173, and 14287.
Buncombe County’s Communications and Public Engagement Manager, Kassi Day, was asked if she could reveal who was suing whom, if anyone, and what was at stake. She responded, “There is no pending lawsuit or threatened lawsuit at this time as it relates to executive orders. The county attorney was providing legal advice and guidance as it pertains to the aforementioned executive orders and existing federal law.”
To review, EO 14151, titled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” aims to reverse what it describes as “illegal and immoral discrimination programs” known as ‘diversity, equity, and inclusion’ that have infiltrated virtually all aspects of the federal government. The order called for a revision of “all existing federal employment practices, union contracts, and training policies or programs.” It mandated the elimination of all equity offices, programs, contracts, and grants “to the maximum extent allowed by law.” Additionally, an accounting was to be made for all federal resources allocated toward DEI.
EO 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” aligns with the vision of Martin Luther King, Jr., advocating for “a nation where they will not be judged by the color of their skin but by the content of their character.” This order revoked numerous executive orders and policies enacted under the Biden administration and called for the removal of references to DEI in the federal government moving forward. It also encouraged heads of federal departments to promote the spirit of the order in the private sector and called for guidance for educational institutions seeking to comply.
EO 14287, titled “Protecting American Communities from Criminal Aliens,” argued that Article II and Article IV, Section 4 of the US Constitution grants supreme and exclusive powers over immigration law to the federal government. It claimed that states defying federal immigration decisions were engaging in “lawless insurrection,” “obstruction of justice,” “unlawful harboring,” “conspiracy against the United States,” and “conspiracy to impede federal law enforcement,” potentially violating RICO (anti-organized crime) laws. The order called for creating a list of “sanctuary” jurisdictions and issuing notices of violation, along with threats to “suspend or terminate” federal grants and contracts. Should any jurisdiction choose to remain “in defiance,” the US Attorney General and Homeland Security offices are ordered to “pursue all necessary legal remedies and enforcement measures” to ensure compliance. The federal government will also take steps to prevent private entities in sanctuary jurisdictions from providing federal aid to non-citizens.
All three executive orders have faced resistance at state and local levels, resulting in numerous lawsuits. Injunctions were initially granted, some were overturned, and seven months later, the matters are still progressing toward the Supreme Court.
In Buncombe County, compliance appears to be a work in progress. The county still has an Equity and Human Rights Department, and Buncombe County Schools employs an Assistant Superintendent for Educational Equity and Student Support, whose responsibilities include “supporting the creation and implementation of strategies to promote diversity, equity, and inclusion.” While the county’s website features special blurbs for minority-owned contractors, it now states that registration for “historically-underutilized” businesses is being managed “in a self-managed system” by the state. Furthermore, an RFQ issued on June 20 included the term “affirmative action,” but used it to prohibit discrimination in the hiring or treatment of subcontractors.
The City of Asheville is more defiant. Director of Community and Economic Development Nikki Reid frequently referenced DEI in her presentation shortly after the orders were issued. Subsequently, the City of Asheville had to reapply for hurricane relief through HUD due to DEI language in their initial application.