There it is much more explicit and written in the law. For some subjects, the criteria it takes for one cohort to get admission in the top college is the same one in which the other cohort will not even get admission in any college in the top 20. You can see this in undergraduate level admissions the most. I read interesting stats on this long time back, will need to see if I can find them.
However, in case of South Asia/India, the argument is positive discrimination now to correct for negative discrimination in the past. The same argument can't be made in US though against Asians.