The Wisconsin Institute for Law and Liberty (WILL) has issued a formal letter to the U.S. Department of Agriculture (USDA), warning of a potential lawsuit if racially discriminatory programs are not reformed within 60 days. The challenge centers on allegations that white farmers are systematically excluded or disadvantaged under USDA rules that prioritize race and gender.
WILL represents Chilton, Wisconsin, dairy farmer Adam Faust, who is ineligible for numerous USDA benefits because he is white. According to the organization, at least a dozen USDA programs—including those involving margin coverage, loan guarantees, grants, and environmental incentives—favor minority or female applicants with better terms and higher benefits.
Faust called the situation “outrageous,” saying, “Some farmers get a better deal based on race. I am hopeful the Trump Administration will change course and fix these discriminatory programs.”
This is not Faust’s first challenge to federal race-based agriculture policies. He previously won a lawsuit against USDA programs under President Joe Biden that attempted to distribute loan forgiveness based solely on race.
Under current USDA rules, farmers who are American Indian, Alaskan Native, Asian, Black, Native Hawaiian, Pacific Islander, Hispanic, or women are exempt from the Dairy Margin Coverage administrative fee—a fee white farmers must still pay. Additionally, the USDA Loan Guarantee Program grants a 95% guarantee to minority and female applicants, compared to 90% for white farmers, increasing borrowing costs and reducing accessible loan amounts for the latter group.
Deputy Counsel Dan Lennington of WILL criticized the agency’s policies as unconstitutional. “Millions of farmers face economic uncertainty… only then to be punished economically because of their race,” Lennington said. “It’s immoral, unconstitutional, and it’s time for it to stop once and for all. The clock is ticking.”
WILL’s letter also highlighted that in USDA’s Environmental Quality Incentives Program, “socially disadvantaged farmers” may receive more compensation for identical participation, creating a two-tiered system that penalizes white producers.
The Trump administration has taken initial steps to eliminate race-based discrimination in federal programs, but WILL emphasized that further action is urgently needed. Legal pressure may now force the administration to fully eliminate preferential treatment based on race and gender across the USDA.
