They are being punished by setting the bar higher for them based on ethnicity. So for an asian, you have to be the tigerest of tigers to get admitted, making the problem you describe even worse.
Blacks, for all their problems, have the votes to change the system electorally. But while there have been some success, there are strong oppositions from the status quo, and their progress has been hampered by political apathy from within that resulted from push back that slowed or killed further progress.