Indiana University professor Kevin Brown is raising a few eyebrows by questioning whether affirmative action is working as it is intended.

Brown is in favor of including race as a factor incollege admissions, but says he has issues with how affirmative action is currently being implemented.

Brown told Business Insider that colleges are giving fewer spots to “traditional African-American” students, whose parents endured discrimination in this country, and more to black immigrants.

He points out that black immigrants tend to have higher incomes than non-immigrant blacks, leading to a stronger college application. Brown believes that this is why we are seeing more black immigrants than traditional African-American students at some of the nation’s most elite colleges and universities.

One study found that 40 percent of Black college freshmen on Ivy League campuses were Black immigrants, even though they only account for 18% of black 18 and 19 year olds.

“Traditional African-Americans … clearly have a far greater claim to being members of a group that has suffered from the history of discrimination based on race and ethnicity,” wrote Brown in a 2011 article in the Michigan School of Law.

Since the main goal of affirmative action is to make up for past discrimination, why are black immigrants being included as eligible candidates for affirmative action considerations?

Harvard professors Lani Guinier and Henry Louis Gates Jr.brought up the issue in 2004, noting at the time that two thirds of Harvard black students were immigrants, children of immigrants, or children of interracial couples.