The Justice Department has filed a federal lawsuit against California over the state’s law granting in-state tuition rates to students without lawful immigration status who attended California high schools and then enroll in public colleges or community colleges.
The department argues that California illegally offers in-state tuition and state-funded financial aid to students without lawful status who graduate from California high schools.
Federal officials claim these policies discriminate against U.S. citizens and violate a 1996 federal law that bars postsecondary education benefits based on state residence for persons without lawful status unless the same benefits are available to all U.S. citizens regardless of their state of residence.
The lawsuit names Gov. Gavin Newsom, Attorney General Rob Bonta, the University of California Board of Regents, the California State University Board of Trustees, and the California Community Colleges Board of Governors as defendants.
“California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens,” U.S. Attorney General Pam Bondi said in a statement, accusing the state of a “flagrant disregard for federal law.”
“These laws unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates, scholarships, or subsidies, create incentives for illegal immigration, and reward illegal immigrants with benefits that U.S. citizens are not eligible for, all in direct conflict with federal law,” the statement added.
California officials called the lawsuit politically motivated. University leaders said they follow state and federal law and believe their policies comply with current legal standards.
The challenge focuses on California Assembly Bill 540, passed in 2001, which grants in-state tuition to eligible students who attended a California high school for the required years, including undocumented students, as well as U.S. citizens who graduated from California high schools but moved out of state before enrolling in college.
A spokesperson for Newsom said: “The DOJ has now filed three meritless, politically motivated lawsuits against California in a single week. We’ll see you in court.”
A University of California spokesperson said the system follows “state and federal laws regarding eligibility for in-state tuition, financial aid, and scholarships.”
The spokesperson added: “While we will, of course, comply with the law as determined by the courts, we believe our policies and practices are consistent with current legal standards.”
California’s tuition-policy has survived earlier legal challenges, with courts ruling that eligibility turns on California school-attendance rather than immigration status.
The new lawsuit, filed in the U.S. District Court for the Eastern District of California, is part of a broader effort by the Trump administration to challenge state laws providing in-state tuition rates to students without lawful status in multiple states.
Theodore Bunker ✉
Theodore Bunker, a Newsmax writer, has more than a decade covering news, media, and politics.
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