Trump’s DoJ sues California over college tuition benefits for undocumented students

The justice department sued California on Thursday for allowing undocumented college students to pay in-state tuition for public universities, alleging the policy harms US citizens.

The lawsuit, filed in the US district court for the eastern district of California, marks the third time this week that the Trump administration has sued California. In addition to challenging the state’s in-state tuition policy, the lawsuit argues that California unlawfully extends eligibility for scholarships and subsidized loans to undocumented students.

Among the defendants are the state, top California officials, and the state’s two public university systems: the University of California and California State University.

“Federal law prohibits aliens illegally present in the United States from receiving in-state tuition benefits that are denied to out-of-state US citizens,” reads the complaint. “There are no exceptions.”

California law does allow some students to qualify for in-state tuition rates, which are lower than out-of-state tuition, even if they technically qualify as non-residents. This includes students who have had “three full-time years or the equivalent at any combination” of California high school, California adult high school, or California community college.

The California Dream Act, two bills passed in 2011, permits undocumented students to apply for, and obtain, state-based financial assistance, according to San Francisco State University. Undocumented students cannot receive federal financial aid for college.

The justice department’s civil complaint alleges that California policy on undocumented student tuition is “unconstitutional” and wants a judge to “declare it illegal and permanently enjoin its enforcement”.

“California is illegally discriminating against American students and families by offering exclusive tuition benefits for non-citizens,” said Pamela Bondi, the US attorney general. “This marks our third lawsuit against California in one week – we will continue bringing litigation against California until the state ceases its flagrant disregard for federal law.”

The Trump administration has filed similar lawsuits against policies in other states, including Illinois, Oklahoma, Minnesota, Kentucky and Texas. Half the country now has similar laws to California’s.

In June, after the administration sued, Texas ended its decades-old law. And Florida last year scrapped its law that allowed in-state tuition for high school graduates who weren’t in the country legally.

Supporters of the state tuition breaks argue that they don’t violate federal law if they provide the same rates to US citizens in the same circumstances – meaning they are residents of the state and graduates of one of its high schools. The California Dream Act also allows such students to apply for state-funded financial aid.

Many of the students were brought to the US by their parents when they were children, and supporters of the laws say they are as much a part of their communities as US citizens.

The complaint cites an executive order signed in February that directs federal departments and agencies to block undocumented people from receiving public benefits. Another executive order signed in April directs officials to stop enforcing laws and practices that favor undocumented people over US citizens. The lawsuit argues that the Republican president’s orders enforce federal immigration laws.

The University of California defended its decades-old in-state tuition policy.

“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,” it said in a statement.

The lawsuit comes weeks after the California supreme xourt let stand a lower-court ruling that the University of California’s policy barring students without legal status in the US from campus jobs is discriminatory and must be reconsidered.

University system officials had warned that the decision would put them in a precarious position as they negotiate with the Trump administration after the withdrawal of federal research funds.

The UC is dealing with federal grant suspensions and a White House demand that it pay a $1bn fine over allegations, including antisemitism and the illegal consideration of race in admitting students to its Los Angeles campus.

The California State University system is the nation’s largest and among its most diverse, with more than 460,000 students. More than a quarter of undergraduates are first-generation college students, according to the university system.

The University of California serves about 300,000 students.