A persuasive advocate should be up to date on the key issues affecting the opera sector.

Read the latest news on advocacy efforts prepared by OPERA America's Director of Government Affairs — and check back for regular updates.

Review the key issues affecting opera and the arts with downloadable briefs prepared by the Cultural Action Group.

Advocacy Updates

Issued August 8, 2025

Department of Justice Issues Memo Regarding Unlawful DEI

Last week, the Department of Justice issued a memorandum to all Federal Agencies providing guidance clarifying the application of Federal discrimination law to DEI programs and offering best practices for program compliance.  The memorandum, Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination (the “Guidance”), provides that for recipients of federal funds, and for other entities subject to federal antidiscrimination law, including most private-sector employers:

1. “Federal law prohibits discrimination based on protected characteristics like race, sex, color, national origin, or religion.”
2. “The use of terms such as ‘DEI,’ ‘Equity,’ or other euphemistic terms does not excuse unlawful discrimination or absolve parties from scrutiny regarding potential violations.”
3. “Using race, sex, or other protected characteristics for employment, program participation, resource allocation, or other similar activities, opportunities, or benefits, is unlawful, except in rare cases where such discrimination satisfies the relevant level of judicial scrutiny.”
4. “Facially neutral criteria (e.g., ‘cultural competence,’ ‘lived experience,’ geographic targeting) that function as proxies for protected characteristics violate federal law if designed or applied with the intention of advantaging or disadvantaging individuals based on protected characteristics.”
5. “Recipients of federal funds should ensure federal funds do not support third-party programs that discriminate.”
6. “Individuals who object to or refuse to participate in discriminatory programs, trainings, or policies are protected from adverse actions like termination or exclusion based on that individual’s opposition to those practices.”

The memorandum highlights the DOJ’s emphasis on eliminating DEI practices it views as unlawful, and the potential for civil liability for private sector entities that continue to employ such practices. The guidance offers concrete examples of programs, policies, and initiatives that the DOJ has determined violate federal antidiscrimination laws, and makes recommendations for employers with respect to specific DEI practices. More can be found at these law firms’ webpages: Mintz, National Law Review, and Sullivan & Cromwell.

Changes Regarding Visa Receipts and Consular Interview Process

A new alert on the USCIS Processing Times webpage states: “USCIS processing times for certain form types may no longer reference a specific service center location (for example, Vermont Service Center). We are in the process of adjusting all processing times for service center-related forms to now list “Service Center Operations (SCOPS).” Service Center Operations has expanded its capability to process casework at multiple locations, at various points in time, based on business needs and staffing requirements. Therefore, listing a specific location is no longer an accurate representation of where a case is processed. ** We are adjusting our case processing time metrics to provide the most accurate and up-to-date information by form type. While certain form processing times are now listed under Service Center Operations, you may continue to receive correspondence from USCIS listing a specific service center location.”

Consular Interviews Now Required

A news item from the Department of State indicates that, effective September 2, 2025, eligibility to seek an interview waiver will be virtually eliminated, including for applicants who previously held the same type of visa within the last 12 months. All artists and petitioners will therefore need to plan on substantially increased wait times to schedule a consular visa interview, which adds to the overall visa timeline from start to finish.

More information on these changes and the recent target visa bond program for B-1/B-2 visitors can be found on the Artist from Abroad website here.

Federal Judge in Oregon Blocks Trump’s Cuts to Humanities Programs Across U.S.

A judge in Oregon on Wednesday ordered the federal government to essentially freeze more than $200 million withheld from state and local humanities councils across the country and to halt any plans to spend the money elsewhere. U.S. District Judge Michael H. Simon found the Trump administration’s termination of the National Endowment for the Humanities grants violated the plain language of the law that such money “shall be available” to each state or grant recipient that has had an application approved. The administration suspended the grants without cause and with no notice or opportunity for humanities groups to challenge the actions, Simon wrote in an 81-page opinion. Simon quoted Michigan U.S. Rep. William D. Ford, who said in 1968 that “the arts and the humanities are not frills, but are crucial to our Nation’s survival and continued freedom” as he spoke in support of a bill to increase funding for the National Endowment for the Humanities. More can be found in this article by The Oregonian.

Key Advocacy Issues

Prepare to take action by reviewing the key issues with downloadable briefs prepared by the Cultural Action Group.