The U.S. Department of Justice has warned Buncombe County, North Carolina, that its proposed reparations program for Black residents could violate federal civil rights laws, creating a significant legal challenge for one of the most comprehensive local reparations initiatives in the nation.
DOJ Letter and Legal Concerns
In a September 4 letter to Buncombe County commissioners, Assistant Attorney General Harmeet Dhillon of the Civil Rights Division expressed “deep concerns” about the Community Reparations Commission’s 38 recommendations across five focus areas: criminal justice, economic development, education, health and wellness, and housing.
“After our initial review, we are deeply concerned that many of the recommendations, if implemented, would violate federal civil rights laws, including, without limitation, the Fair Housing Act, Title VI, Title VII, and the Equal Protection Clause of the Fourteenth Amendment,” Dhillon wrote.
The letter served as a preemptive warning, stating that DOJ “stands ready to investigate and enforce violations of federal civil rights laws to the fullest extent possible” if the recommendations are formally adopted.
Reparations Commission Recommendations
The Community Reparations Commission, established jointly by Asheville City Council and Buncombe County commissioners in 2022, has developed extensive recommendations aimed at addressing systemic racism’s economic and social impacts. Key proposals include establishing a Black wealth-building fund, creating community land trusts, expanding culturally responsive healthcare access, reimagining school curricula to reflect Black history, and transforming public safety systems.
Dr. Noreal Armstrong, Buncombe County’s Chief Equity and Human Rights Officer, indicated that the county had already allocated over $2.9 million toward implementing the recommendations, a commitment specifically mentioned in the DOJ letter as evidence of the county’s intent to proceed.
Local Government Response
Buncombe County commissioners took no action on the recommendations during their September 2 briefing and have scheduled no additional actions. A county spokesperson emphasized their focus on Hurricane Helene recovery efforts and commitment to following federal anti-discrimination regulations.
“Buncombe County has been and will always follow the letter of the law and will continue to comply with all federal anti-discrimination regulations,” the spokesperson stated. The county noted that DOJ’s letter requested no response and that they view their role as understanding the oversight requirements while serving all community members.
Communication Challenges
The DOJ letter initially failed to reach both Buncombe County and Asheville due to incorrect email addresses, raising questions about the communication process. The city of Asheville learned of the letter only when it was shared during a September 4 evening council session.
Asheville City Council plans to formally receive the Community Reparations Commission recommendations at their September 9 meeting, when they will consider potential actions. The city indicated its legal team would review all recommendations for compliance with current law before any implementation.
Historical Context and Legal Precedent
The Asheville-Buncombe reparations initiative began after Asheville City Council passed a resolution supporting community reparations for Black residents in July 2020. The resolution called for developing recommendations to address generational wealth creation and boost economic mobility in the Black community.
The DOJ’s intervention reflects ongoing legal uncertainties surrounding race-conscious government programs following recent Supreme Court decisions. The challenge highlights tensions between local efforts to address historical discrimination and federal civil rights laws designed to prevent current discrimination.
National Implications
The DOJ warning carries significance beyond North Carolina, as numerous municipalities and states consider reparations programs. The federal response to Asheville-Buncombe’s initiative may influence how other jurisdictions structure their own reparations efforts to avoid similar legal challenges.
Legal experts note that reparations programs face complex constitutional questions about equal protection and federal anti-discrimination statutes. The DOJ’s preemptive stance suggests the Trump administration will actively monitor and potentially challenge race-based remedial programs at the local level.
Community Impact and Next Steps
The three-phase process outlined in Asheville’s original resolution included information sharing and truth-telling, formation of the Reparations Commission, and presentation of the final report. With the completion of the commission’s work, local governments now face the challenge of implementing recommendations while navigating federal legal concerns.
Hurricane Helene’s devastating impact on the region has shifted immediate priorities toward disaster recovery, potentially affecting the timeline for any reparations program consideration. The storm’s aftermath may also influence how resources are allocated and programs are prioritized.
Broader Legal Questions
The DOJ intervention raises fundamental questions about how local governments can address historical injustices while complying with current federal law. The conflict between remedial goals and anti-discrimination statutes represents a key challenge facing reparations advocates nationwide.
As other communities watch this legal confrontation unfold, the Asheville-Buncombe case may establish important precedents for how federal authorities will respond to local reparations initiatives. The outcome could significantly influence the future landscape of reparations efforts across the United States.
