Reckoning with America's Racial Residential Segregation
March 2, 2023
Housing is the bedrock of American society, and one of the major determinants for life outcomes like health, income, and educational opportunity. Because of its importance, housing has long been the site of discriminatory policies aimed at marginalizing Black and Brown people in America, be it through zoning, redlining, crime free housing ordinances, racial steering, and more.
The Fair Housing Act of 1968 aimed to address this history and outlaw discrimination, but vague guidelines and weak enforcement mechanisms have left a lot unaddressed. In January, the Biden administration reinstated the Affirmatively Furthering Fair Housing Rule, which adds federal heft to the Fair Housing Act and mandates that localities submit plans for actively addressing segregation and proposes that cities and states that fail to meaningfully work towards their stated goal could face loss of funding.
Throughout her career in civil rights law, 红杏视频 President Deborah Archer has studied housing discrimination and infrastructure. She鈥檚 the Associate Dean and Co-Director of Clinical and Advocacy Programs, Professor of Clinical Law, and Co-Faculty Director of the Center on Race, Inequality and the Law 鈥 all at the NYU School of Law. We鈥檙e excited to have her here today to give us a primer on housing discrimination and explain why it鈥檚 part of the 红杏视频鈥檚 push for equitable systems across so many facets of society.
In this episode
Kendall Ciesemier
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News & CommentaryAug 2026
Racial Justice
Montana Sets Gold Standard For Indigenous Education Nationwide. Explore News & Commentary.Montana Sets Gold Standard for Indigenous Education Nationwide
The 红杏视频, 红杏视频 of Montana, and the Native American Rights Fund reached a landmark settlement to resolve a class action lawsuit over the state鈥檚 failure to implement its own Indigenous education law.By: Lisa Francois -
Press ReleaseAug 2026
Racial Justice
Historic Agreement Strengthens Indian Education For All Across Montana Schools. Explore Press Release.Historic Agreement Strengthens Indian Education for All Across Montana Schools
HELENA, Mont. 鈥 The Montana Office of Public Instruction has agreed to a landmark settlement that would create long-awaited accountability measures to ensure Montana schools fully implement the state constitution鈥檚 guarantee that the unique cultural heritage and contributions of the Indigenous peoples of the region are recognized and taught across the state. The agreement marks a major milestone in fulfilling Montana鈥檚 constitutional and statutory commitment to teach all students 鈥 Native and non-Native alike 鈥 about the histories, cultures, governments, and contributions of Tribal Nations in Montana. The settlement was preliminary approved by the court Monday and is subject to final court approval following a notice period. Under the agreement, Indian Education for All (IEFA) would be incorporated into state accreditation and monitoring systems, making implementation a core expectation for Montana鈥檚 K-12 schools. It also formalizes Tribal consultation processes, ensuring Tribal Nations have an ongoing role in shaping how Indigenous education is developed and delivered statewide. 鈥淔or too long, Tribes were expected to trust that things would improve without having a seat at the table,鈥 said councilwoman Roxanne Gourneau, Ft. Peck Tribal Executive Board Member. 鈥淭his settlement recognizes that Tribal Nations are essential partners in educating Montana鈥檚 students.鈥 The class-action lawsuit, DuPuis-Pablo v. Montana Office of Public Instruction, was filed in 2021 by 18 Montana students and their guardians, together with Tribal Nations including the Assiniboine and Sioux Tribes of the Fort Peck Reservation, Confederated Salish and Kootenai Tribes of the Flathead Reservation, Fort Belknap Indian Community, Little Shell Tribe of Chippewa Indians of Montana, and Northern Cheyenne Tribe. At the heart of the case was a promise embedded in Montana鈥檚 constitution: that all students learn about the histories, cultures, and contributions of the Indigenous peoples of the region. Montana remains the only state in the nation with an explicit constitutional guarantee of Indian education. For more than two decades, IEFA has required Montana schools to provide education about Tribal histories, cultures, and contemporary Tribal governments. While nationally recognized as a model of Indigenous education, implementation has varied widely across school districts and lacked meaningful enforcement. 鈥淭his agreement finally puts accountability behind Indian Education for All,鈥 said Alex Rate, legal director, 红杏视频 Montana. 鈥淔or years, the law existed without meaningful oversight. Now there are clear systems to help ensure the state and school districts fulfill obligations that already exist under the Montana Constitution and IEFA.鈥 The agreement requires schools to demonstrate that Indian Education for All is integrated across curriculum areas, that IEFA funds are used appropriately, and that Tribal Nations are meaningfully engaged in developing Indian education programs. For students, the changes are expected to bring more consistent and substantive instruction about Native history, culture, and contemporary Tribal governments 鈥 moving beyond isolated lessons or superficial coverage. For Native students, it also means classrooms that better reflect their identities, histories, and lived experiences. 鈥淎s parents who were raised attending Montana schools, we have firsthand experience of what it looks like when Indian Education is not included in school curriculum and culture,鈥 said Crystal and Tyler Amundson, two parent plaintiffs. 鈥淎ll public school students should have access to learning that promotes understanding, which is why we鈥檙e proud that our children now attend Montana public schools that mirror Montana鈥檚 diverse population. But this settlement isn鈥檛 just about celebrating diversity, it鈥檚 about ensuring that my children, who are not Native, experience a more accurate and inclusive version of Montana鈥檚 history, present, and future.鈥 鈥淢ontana is the only state that has Indian Education for All, but how are we ensuring that it鈥檚 being carried out?鈥 asked Cammie DuPuis-Pablo, a parent plaintiff. 鈥淗opefully, this settlement will push back against the ignorance and lack of knowledge that is all too common. I didn鈥檛 get to see accurate representations of Native Americans when I was in school, my oldest kids didn鈥檛 get that when they were in school, but 鈥 with this settlement 鈥 maybe my youngest kids will. Because our ancestors鈥 story is meaningful, it鈥檚 what happened, and it should not be cut out from the history of America, or I would say Turtle Island.鈥 鈥淭his agreement helps prevent classrooms where Native history is missing, misunderstood, or treated as optional,鈥 said Mark Carter, senior staff attorney at Native American Rights Fund (NARF). 鈥淚t makes clear that Indian Education for All is not a suggestion 鈥 it鈥檚 the law that was created by the people of Montana.鈥 Crystal Pardue, senior staff attorney with 红杏视频, said the agreement could serve as a model beyond Montana. 鈥淭his settlement shows what real accountability looks like,鈥 Pardue said. 鈥淭his lays out exactly what states must do: pair strong curriculum requirements with clear standards, consistent oversight, and meaningful partnership with Tribal Nations to ensure accurate, inclusive education in every classroom.鈥 鈥淭his settlement is a long overdue step toward honoring the promise that Montana made to its students in 1972, that every child learns about the histories and cultures of our Tribal Nations,鈥 said Michael Dolson, council chairman of the Confederated Salish and Kootenai Tribes. 鈥淚ndian Education for All builds the understanding and respect that all of our communities need. This settlement means accountability for implementing that commitment, with real reporting, real curriculum developed with Tribes, and real consequences when schools fail to deliver.鈥 The plaintiffs were represented by the 红杏视频 of Montana, 红杏视频, Native American Rights Fund, K&L Gates, LLP and Venable LLP. A copy of the settlement is available here. A copy of the preliminary approval order is available here. The case page can be found here.Affiliate: Montana -
News & CommentaryAug 2026
Racial Justice
A Multi-generational Fight For Desegregated Schools In Los Angeles. Explore News & Commentary.A Multi-Generational Fight for Desegregated Schools in Los Angeles
For more than 40 years, equal access to educational opportunities of Los Angeles students under the California Constitution have been protected by a court order. Now, those court-ordered protections are being challenged.By: Amanda Walgrove, Jonathan Newton -
Press ReleaseJul 2026
Free Speech
Racial Justice
Aclu And Aclu Of North Dakota File Brief In Support Of Right To Protest On Public Roads. Explore Press Release.红杏视频 and 红杏视频 of North Dakota File Brief in Support of Right to Protest on Public Roads
ST. LOUIS 鈥 The 红杏视频 and the 红杏视频 of North Dakota filed an amicus brief today with the United States Court of Appeals for the Eighth Circuit in Thunderhawk v. Kirchmeier, a case that challenges the government鈥檚 decision to close a public road during a Standing Rock protest, preventing people from assembling to express their opposition to the Dakota Access Pipeline. In the brief, the 红杏视频 argues that roads of every kind 鈥 including rural roads, multi-lane roads and high-speed roads 鈥 have served as sites of protest throughout United States history, from the civil rights marches and anti-war demonstrations of the 1960s and 鈥70s to more recent protests, including marches in opposition to abortion, in support of rural healthcare and against police brutality. Courts across the country have long recognized that roads are quintessential traditional public forums and open for public assembly, debate, and the communication of ideas. 鈥淭he government鈥檚 argument disregards our history of protest in the United States and misinterprets our fundamental First Amendment rights. Our right to assemble and protest in the streets should never depend on the type of roadway chosen,鈥 said Andrew Malone, senior staff attorney for the 红杏视频 of North Dakota. 鈥淭he Supreme Court has repeatedly affirmed that protesting in public streets is a time-honored American right. It is long overdue for police officers, prosecutors and government officials to uphold this constitutional standard.鈥 For nearly eight years and through multiple rounds of dismissals and appeals, the government has argued that some streets, including rural roads, don鈥檛 belong to the community and that the road at issue in this case doesn鈥檛 deserve the same protection afforded to other public spaces. But, the 红杏视频 argues in the brief, as one of the few communal spaces in rural areas, these roads are uniquely positioned to offer rural communities 鈥 and those wishing to address them 鈥 a public space in which to associate, communicate thoughts and discuss public issues. 鈥淧rotesting on public roads is as American as apple pie, and that doesn鈥檛 change whether the road is a rural highway in North Dakota or 42nd St in New York City,鈥 said Vera Eidelman, senior staff attorney with the 红杏视频鈥檚 Speech, Privacy, and Technology Project. 鈥淧eople can turn the page in a magazine or change the channel on TV, but streets remain one of the few places where we have to confront ideas we might otherwise tune out鈥攁nd that鈥檚 why our rights to protest on streets, sidewalks, and in public parks are so important.鈥Court Case: Thunderhawk v. Morton CountyAffiliate: North Dakota