It is perhaps worth making some things a bit more clear here for the sake of the playing field.
Does the program force an outcome or simply seek to level the playing field of available opportunities overall? There are many ways to make it so that officially nondiscriminatory programs primarily end up giving opportunities to some preferred group, especially when, like the US, the groups often have significant differences in wealth, access, and where they're likelier to reside. Having a limited portion of programs and funding specifically intended to compensate for overall differences in actual provided opportunity is not normally considered discriminatory, even if, in isolation, they can be viewed as discriminatory.
Thus, the discussion cannot solely be one about the program in isolation if you want to have any hope of being convincing here.